Md. Shakeel @ Md. Shakil v. The State Of Bihar

Patna High Court Cr.Misc. No.48477 of 2015 (2) dt.02-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48477 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -JHANJHARPUR District- MADHUBANI ======================================================

1. Md. Shakeel @ Md. Shakil Son of Samil resident of village - Araria Sangram, Tola - Mauwahi, P.S. Jhanjharpur, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Jhanjharpur (Araria Sangram O. P.) P.S. Case No. 54 of 2015 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Ranju Kumari aged 16 years the daughter of the informant became traceless since 12.04.2015 morning and on inquiry it reveals that the petitioner was seen going with her. Submission is of false implication and that the victim girl was having love affairs with the petitioner and went out of her own sweet will and her statement has been recorded under Section 164 Cr.P.C. to this effect. The victim girl is major but in

Patna High Court Cr.Misc. No.48477 of 2015 (2) dt.02-12-2015 the school certificate her age has been shown 16 years. The petitioner is suffering in custody since 05.05.2015 without any fault.

Learned APP after going through the statement of the victim vide annexure-2 does not oppose the prayer of bail. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Jhanjharpur (Araria Sangram) P.S. Case No. 54 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T