Patna High CourtCR. MISC./17676/2017dismissed

Jahagir Alam @ Md. Jahagir Alam v. State Of Bihar And ANR

2017-04-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17676 of 2017 Arising Out of PS.Case No. -153 Year- 2016 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Jahagir Alam @ Md. Jahagir Alam, S/o Md. Sohrab, resident of VillageNabinagar, P.S.- Dulhin Bazar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Samsad Alam @ Md. Samsad Ansari, S/o Md. Samim @ Karo, resident of Village- Nabinagar, P.S.- Dulhin Bazar, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2017 Heard learned counsel for the parties.

2. The Opposite party No.2 has been granted regular bail by the Court of learned First Additional Sessions Judge, Patna passed in Special (POCSO) Case No. 112 of 2016. The petitioner, who is father of the victim has filed this application seeking cancellation of bail so granted.

3. Learned counsel appearing on behalf of the petitioner has submitted, referring to the order passed by learned Court below granting bail, that it is apparent that the order is based on the statement of the victim that she had married Opposite party No.2. The victim being a minor, her statement, learned counsel for the petitioner submits, could not have been the basis for the

Court to allow bail. He has also submitted that Opposite party No.2 is threatening the witnesses and has referred to statement made in paragraph 7 of the application seeking cancellation of bail. I am not convinced with the submission so advanced. Grant of bail by the Court below in view of nature of accusation cannot be treated to be unjustified.

4. I do not find any reason to cancel the bail already granted to Opposite party No.2.

5. This application has no merit and it is, accordingly, dismissed.

6. The Court below may expedite the trial.

(Chakradhari Sharan Singh, J) ArunKumar/- U