Patna High CourtCR. MISC./36922/2016bail granted

Md. Naim Mansoori @ Md. Naim @ Kabil v. The State Of Bihar

2016-09-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36922 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -LAUKHA District- MADHUBANI ======================================================

1. Md. Naim Mansoori @ Md. Naim @ Kabil Son of Anul Ansari resident of Village- Mirjapur, P.S.- Laukaha (Lalmaniya), District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Laukaha (Lalmaniya) Police Station Case No. 13 of 2016, disclosing offences under Sections 363, 366A of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offence Act, 2012.

Learned Counsel for the petitioner has straightaway taken me to the statement of the victim, recorded under Section 164 of the Code of Criminal Procedure, 1973, in order to contend that story of her kidnapping is totally false. He submits that the petitioner and the victim are major and they are living together as husband and wife.

Patna High Court Cr.Misc. No.36922 of 2016 (2) dt.14-09-2016 2/2 Considering the above submission, this application is allowed.

Let the petitioner, Md. Naim Mansoori @ Md.

Naim @ Kabil, in the event of his arrest or surrender before the Court below within six weeks, 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 Shri M. Mishra, learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani, in connection with Laukaha (Lalmaniya) Police Station Case No. 13 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √