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Patna High CourtCR. MISC./20962/2016rejected

Najel @ Najel Hussain And ANR v. The State Of Bihar

2016-05-23Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20962 of 2016 Arising Out of PS.Case No. -22 Year- 2015 Thana -ANGADH District- PURNIA ======================================================

1. Najel @ Najel Hussain, S/o Samed Ali

2. Ekramul, S/o Lofar Ali Both residents of Village- Gherabari, P.S. Angarh, Distt Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. P.K.Chourasiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Angarh P.S. Case No. 22 of 2015 registered under Sections 376, 313 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act. Regard being had to the serious nature of allegation that the petitioner no. 1, namely, Najel @ Najel Hussain, repeatedly ravished a minor girl aged about 15 years, I am not inclined to grant him pre-arrest bail. Accordingly, the application so far as petitioner no. 1 is concerned is rejected. However, considering the fact that there is no direct and specific allegation as against the petitioner no. 2, namely,

Patna High Court Cr.Misc. No.20962 of 2016 (4) dt.23-05-2016 2/2 Ekramul, in the event of arrest or surrender in the court below within six weeks from today, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Purnia, in connection with the Angarh P.S. Case No. 22 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kunal/- U T