Md. Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46021 of 2016 Arising Out of PS.Case No. -39 Year- 2015 Thana -BHEJA District- MADHUBANI ====================================================== Md. Shamshad Son of Chand Mohammad, Resident of Village- Bheja, P.S.- Bheja, District- Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case, initially, registered for the offences punishable under Sections 366, 366A, 120B of the Indian Penal Code and subsequently, Section 3⁄4 of POCSO Act was added.

Para-61 of the case diary goes to show that petitioner and victim were recovered from Bangalore and thereafter, the statement of victim was recorded by the investigating officer at para-63 of the case diary in which she stated that she was in love with petitioner. However, it appears that while victim and petitioner in presence of informant were being brought by the

Patna High Court Cr.Misc. No.46021 of 2016 (3) dt.02-12-2016 2/2 investigating officer by train, the victim met accidental death. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Madhubani in connection with Bheja P.S. Case No. 39 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T