Md. Hasnain @ Hasnain @ Dabloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43876 of 2018 Arising out of P.S. Case No.-340 Year-2014 Thana- BUDDHACOLONY District- Patna ====================================================== Md. Hasnain @ Hasnain @ Dabloo, Son of Sattar Khan @ Abdul Sattar, Resident of Village- Budhma Lakhraj, Ward No.12, P.S.- Madhepura, DistrictMadhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Budha Colony, P.S. Case No. 340 of 2014 registered for offences punishable under Section 366 (A) of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that he was tenant in the house of the informant and enticed the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that as per F.I.R., there is no eye witness of the occurrence and the F.I.R. lodged after two days of the occurrence. It is further submitted that the statement of the victim girl recorded under Section 164 Cr.P.C. in which, she has disclosed that she is twenty years old and her marriage had already been solemnized

Patna High Court Cr.Misc. No.43876 of 2018(2) dt.24-07-2018 2/2 with the petitioner and are living together as husband and wife. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Budha Colony, P.S. Case No. 340 of 2014, G.R. No.7614 of 2014 to the satisfaction of learned Sub Judge-XVIcum- A.C.J.M., Patna subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/-sunil U T