Md. Rustam @ Tinku Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.201 of 2017 Arising Out of PS.Case No. -189 Year- 2016 Thana -BELAGANJ District- GAYA ====================================================== Md. Rustam @ Tinku Khan Son of Md. Julfkar @ Late Sajjak Mian Resident of Village - Nimchak Tola Hazichak, P.S. - Belaganj, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Belaganj P.S. Case No. 189 of 2016 registered under Sections 370, 34 of the Indian Penal Code and 75, 77 and 78 of the Juvenile Justice Act.

Learned counsel appearing on behalf of the petitioner submits that only on the basis of suspicion petitioner has been made accused in this case. On perusal of supplementary affidavit filed on behalf of the petitioner, it appears that another co-accused Md. Jahangir, from whose house three children were recovered, who has already been allowed bail by the Court below in view of the statements of the parents. It also appears from the

Patna High Court Cr.Misc. No.201 of 2017 (6) dt.16-02-2017 2/2 same affidavit that the parents of two children have specifically stated on affidavit (Annexure-3) that petitioner had not taken their sons for any other purpose.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Gaya in connection with Belaganj P.S. Case No. 189 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shail/- U T