Irfan Miyan v. The State Of Bihar
Patna High Court Cr.Misc. No.61930 of 2017 (4) dt.02-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61930 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ====================================================== Irfan Miyan, Son of Rahaman Miyan, resident of Village- Bardaha, P.S. Khudaganj, District- Nalanda. Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Anil Kumar Roy, Advocate For the Opposite Party : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under section 366A of the IPC.
Counsel for the petitioner submits that from the FIR itself it is obvious that the allegation against the petitioner is false as the girl left the house on 18.4.2017, whereas the FIR was lodged on 30.9.2017. He submits that the girl left the house on her own sweet will and petitioner has no antecedent and he is in custody since 30.9.2017.
Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa Nalanda in Khudaganj Police Station Case No. 106 of 2017 on he following conditions:- (i) 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
Patna High Court Cr.Misc. No.61930 of 2017 (4) dt.02-02-2018 undertake to inform the Court if there is any change in the address of the petitioner.
(ii) 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) Shashi.
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