Patna High CourtCR. MISC./18570/2019bail granted

Md. Samim @ Sammo v. The State Of Bihar

2019-05-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18570 of 2019 Arising Out of PS. Case No.-22 Year-2018 Thana- BIHRA District- Saharsa ====================================================== MD. SAMIM @ SAMMO, Son of Md. Mustakim, Resident of Village - Sattar Kataiya, P.S. - Bihra, Distt. - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

According to FIR, this petitioner and others kidnapped to the minor daughter of the informant. The victim girl in her statement before the court as P.W. 3, has alleged that co-accused Md. Soeb along with two unknown had kidnapped her and Soeb had committed rape against her at Delhi. She is specific that she does not recognize the petitioner and coaccused Md. Amrudh. The informant was examined as P.W. 2 and he has also deposed in the line of her daughter that Md. Soeb had kidnapped her daughter and he had committed rape against her. The petitioner was not identified in Court by the

Patna High Court CR. MISC. No.18570 of 2019(2) dt.01-05-2019 2/2 witness.

Considering the nature of evidence coming during course of trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tr. No. 09 of 2018 arising out of Bihra Police Station Case No. 22 of 2018 corresponding to POCSO Case No. 13 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T