Md. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44323 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================

1. Md. Raja Son of Mohd. Akhtar, R/o Mohalla- Gagandiwan , P.S.- Laheri in the District of Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The petitioner seeks regular bail in connection with Shekhopursarai P.S. Case No. 69 of 2017 registered for offences punishable under Sections 363, 366(A) & 34 of the Indian Penal Code and Section 8 of the POCSO Act.

Allegation against the petitioner is of kidnapping the minor daughter of the informant.

It has been submitted on behalf of the petitioner that the victim is a consenting party in movement as it appears from her statement recorded under Section 164 Cr.P.C. and no other allegation has been leveled against him. He is in custody since 18.06.2017 Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner, let the petitioner above named, be released on

Patna High Court Cr.Misc. No.44323 of 2017 (3) dt.09-10-2017 2/2 bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I, Sheikhpura in connection with Shekhopursarai P.S. Case No. 69 of 2017 arising out of POCSO Case No. 23 of 2017 subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Vinod Kumar Sinha, J) sushma/- U T