Patna High CourtCR. MISC./354/2017bail granted

Md. Manjar Alam @ Manjar Alam @ Md.Manjar v. The State Of Bihar

2017-01-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.354 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -MAHILA P.S. District- SAHARSA ====================================================== Md. Manjar Alam @ Manjar Alam @ Md.Manjar, Son of Md. Kasim @ Munna, Resident of Mohalla- Gangjala, Fakirtola, P.S.& District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Mishra, Advocate Mr. Rishit Deo Kumar Singh, Advocate For the Opposite Party : Mr. Parmanand Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 376, 506/34 of the Indian Penal Code and later on Section 4 of POCSO Act was added.

It has been stated that there is specific allegation of committing rape against Md. Haider. There is general and omnibus allegation against this petitioner. The statement of victim girl has been recorded under Section 164 of Cr.P.C., which is annexed as Annexure-3 with this petition, wherein she has levelled specific allegation of committing overt act against Md. Haidar. She has stated that this petitioner is cousin brother of Md. Haidar who threatened her. Besides such statement, there is no allegation

Patna High Court Cr.Misc. No.354 of 2017 (2) dt.30-01-2017 2/2 of overt act made against this petitioner. Petitioner is in custody since 11.11.2016.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum- Special Judge, Saharsa, in connection with Mahila (Saharsa) P.S. Case No. 12 of 2016, corresponding to POCSO Case No. 14 of 2016(S), subject to the condition that both the bailors will be the close relative of the petitioner.

(Sanjay Priya, J.) ravi/- U T