Md. Ejaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37345 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== MD. EJAZ, Son of Kafiluddin, Resident of Village - Pharwari Jhirwa, Ward No. 01, P.S.- Simraha, Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Digvijay Narayan Singh For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 02-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Supplementary Affidavit filed been filed stating that both the parties have compromised the case. Let it be kept on record.

Petitioner seeks bail in Forbesganj (Simraha) P.S. Case No.98 of 2019 instituted for the offence under Section(s) 363, 366-A/34 Indian Penal Code.

Counsel for the petitioner submits that victim and the petitioner was studying together. This has come in the statement recorded under Section 164 Cr.P.C. Victim has been examined by the Doctor. The Doctor has assessed her age as 18-19 years. Case diary has been received, wherein, statement recorded under Section164 Cr.P.C. is available in which it is

Patna High Court CR. MISC. No.37345 of 2019(5) dt.02-09-2019 2/2 stated that she received telephone call of this petitioner. She was studying with him. She went to Chauk and thereafter she went to Simraha with him. It is further alleged that she lived with petitioner and other accused persons in hotel and finally she was sent to the house of grand-mother of Laddu. It has come in the case diary that victim has been recovered from the house of grand-mother of Laddu. She was not recovered from possession of the petitioner. Doctor has not found any fresh sexual assault. Petitioner is in custody since 02.02.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Forbesganj (Simraha) P.S. Case No.98 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T