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Patna High CourtCR. MISC./56251/2017bail granted

Md. Afjal @ Afjal v. The State Of Bihar

2018-01-23Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56251 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -NANHPUR District- SITAMARHI ====================================================== Md. Afjal @ Afjal, S/o Abdul Hannan, Resident of village- Yajuar (Wagwasa), P.S.- Katra, Dist.- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-01-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Nanpur P.S.Case No. 107 of 2017 registered under Sections 363, 366A and 376/34 of the Indian penal Code. Allegation in brief is that informant was brought by two ladies while co-accused persons kept her in confinement and raped by the petitioner.

Submission is that material collected during investigation shows that the girl herself made story of elopement and she is also found major in between 16-17 years of age and this case was lodged after delay of a week by the prosecutrix after returning back and before that no any case was lodged by any of her family members.

Having considered the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.56251 of 2017 (3) dt.23-01-2018 2/2 the petitioner, namely, Md. Afjal @ Afjal is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Sitamarhi in connection with Nanpur P.S. Case No. 107 of 2017. (Arun Kumar, J) Sujit/- U T