Md. Quyam @ Md. Kayum v. The State Of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55420 of 2016 Arising Out of PS.Case No. -298 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Md. Quyam @ Md. Kayum, son of Late Lukman, resident of villageBhaluhipur, Police Station- Ara Town, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kr. Singh For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

The application is for grant of regular bail in connection with Bhojpur Mahila P.S. Case No. 298 of 2016, corresponding to POCSO Case No. 30 of 2016 registered for offences under sections 376, 511, 342, 307 of the Indian Penal Code and section 8 of the Protection of Children from Sexual Offences Act.

Allegation has been made against the petitioner to have kidnapped the victim-girl and tried to outrage her modesty and kill her, as the victim-girl was found in a drum in unconscious position in his house.

It has been submitted on behalf of petitioner that from perusal of the First Information Report as well as the statement of the victim-girl recorded under section 164 P.C., no case is made

Patna High Court Cr.Misc. No.55420 of 2016 (3) dt.30-01-2017 2/2 out against the petitioner, who is in custody since 30.08.2016. Heard learned A.P.P. as well as the informant. The counsel for the informant could not controvert the fact of the petitioner.

Having heard both sides. In view of the above facts, the petitioner, Md. Quyam @ Md. Kayum, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/-(Rs.Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No. 298 of 2016 with a condition that (i) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of concerned court and (ii) the petitioner will cooperate in the disposal of the case and make himself available on each and every date 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, will make liable for cancellation of his bail bonds.

With the above observation, this petition is allowed. (Vinod Kumar Sinha, J) Mahesh/- U T