Patna High CourtCR. MISC./63622/2018bail granted

Md. Gujra @ Md. Jameel v. The State Of Bihar

2018-10-25Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63622 of 2018 Arising Out of PS.Case No. -170 Year- 2018 Thana -BALIYA District- BEGUSARAI ======================================================

1. Md. Gujra @ Md. Jameel Son of Md. Abul Hasan Resident of Village Ballia, Mansurchak, P.S. Ballia, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 The petitioner seeks regular bail in connection with Ballia P.S. Case No. 170 of 2018, registered for offences punishable under Sections 354 and 354(D) of the Indian Penal Code and Section 4, 8 and 12 of the POCSO Act. Allegation against the petitioner is of taking away the minor granddaughter of the informant and it is also alleged that petitioner might have misbehaved with her.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this as there is dispute between the parties with regard to the passage (rasta). Moreover, the girl in her statement under Section 164 Cr.P.C. has not stated about any misbehave by the petitioner.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thusand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I, cum Spl. Judge, POCSO, Begusarai, in connection with Ballia P.S. Case No. 170 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T