Md. Ashraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5735 of 2018 Arising Out of PS.Case No. -95 Year- 2017 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Md. Ashraf, Son of Late Md. Israil, Resident of Village-Jogiya, P.S.- Alouli, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bithan P.S. Case No. 95 of 2017 registered under Sections 341, 323, 376 read with 34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. Regard being had to the delay of about twenty days in institution of the first information report and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure in which she has stated that she wish to marry the son of the petitioner namely, Md. Afsar, in the event of arrest or

Patna High Court Cr.Misc. No.5735 of 2018 (2) dt.09-02-2018 surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Bithan P.S. Case No. 95 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T