Patna High CourtCR. MISC./60322/2017bail granted

Md. Neyazuddin v. The State Of Bihar

2017-12-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60322 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -SIMULTALA District- JAMUI ====================================================== Md. Neyazuddin, S/o Md. Rauf Ansari, resident of Bansatarh P.S. Jha Jha, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 366(A) of the Indian Penal Code and 4/8 POCSO Act.

Counsel for the petitioner submits that he has been implicated in this case merely on the basis of suspicion because the victim girl was taking Urdu lesson from the petitioner. He further submits that just one day after lodging of the FIR the victim girl has been recovered from her maternal aunt's (Mousi) house where she has submitted that due to some differences with her mother she had fled away to her maternal aunt's (Mousi) house. The statement of the victim girl recorded under Section 164 Cr.P.C., is Annexure 2 of the bail application. The petitioner has got no criminal antecedent and is in custody since 12.11.2017.

Patna High Court Cr.Misc. No.60322 of 2017 (2) dt.20-12-2017 2/2 In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of A.D.J. 1st, Jamui in Simultala P.S. Case No. 48 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U