Firoz Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44381 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -GARMDAGA District- KISANGANJ ======================================================

1. Firoz Alam, Son of Nizamuddin,

2. Sahab Babu @ Shah Babu, Son of Md. Zabur Alam, Both R/o VillageBirwa Patkaila, P.S.- Kochadhaman , District- Kishanganj. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party : Smt. Asha Devi (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Garbandanga P.S. Case No. 17 of 2016 giving rise to Special Case No. 11 of 2017, registered for the offences punishable under Sections 363, 366(A), 120(B), 370, , 371, 376/34 of the Indian Penal Code and Section 4, 8, 12, 18 of POCSO Act. F.I.R. has been registered against the owners of mobile no. 7858052966 and 9779016635 and during investigation it transpires that the petitioners are owners of the said mobile and accordingly they have been implicated in this case. During investigation it has transpired that the victim girl married with Md. Monazir Alam out of her own sweet will and consent and both are

Patna High Court Cr.Misc. No.44381 of 2017 (2) dt.06-10-2017 2/2 living as wife and husband and accordingly Md. Monazir Alam has been allowed pre-arrest bail vide Cr. Misc. No. 12005 of 2017 by another co-ordinate bench of this Court and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that parties have compromised the case amicably and Md. Monazir Alam has been allowed pre-arrest bail, who has performed marriage with the victim girl.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st -cumSpl. Judge (POCSO), Kishanganj, in connection with Garbandanga P.S. Case No. 17 of 2016 giving rise to Special Case No. 11 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T