Md. Saqur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33596 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -PRANPUR District- KATIHAR ====================================================== Md. Saqur, son of Md. Hakim, resident of Village- Mukar Challah, P.S.- Pranpur (Roshan), District- Katihar.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Pranpur P.S.Case No. 11 of 2017 registered for the offences punishable under Sections 376 of the Indian Penal Code and 4 of POCSO Act.

Allegation against the petitioner as per FIR is that he has abducted the daughter of the informant and committed rape upon her.

It has been submitted on behalf of the petitioner that the whole prosecution case falsifies in view of the fact that the victim girl in her statement under Section 164 Cr.P.C. has stated that there was love affairs between the parties. Heard learned APP also.

Having heard both sides and in view of above facts

Patna High Court Cr.Misc. No.33596 of 2017 (2) dt.20-07-2017 2/2 and circumstances, let the petitioner, named above, surrender in the court below within four weeks from today and on his so surrendering, learned court below will release him on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum-Special Judge, Katihar, in connection with Pranpur P.S. Case No.

11 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and petitioner shall cooperate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bond and further petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U