Md. Imam @ Budhwa @ Md. Imam Budhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57380 of 2015 Arising Out of PS.Case No. -116 Year- 2015 Thana -ISHOPUR District- BHAGALPUR ======================================================

1. Md. Imam @ Budhwa @ Md. Imam (Budhwa) S/o Md. Nizam resident of village - Ishipur Barahat, P.S. Ishipur ( Barahat ), District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Abhay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 366(A)/34 of the Indian Penal Code and 4 of the POCSO Act.

The victim has been recovered along with this petitioner and her statement under section 164 Cr.P.C. was recorded. Though the victim was found only aged about 14 years by the learned magistrate, who recorded the statement of victim but the victim has neither supported the story of kidnapping and nor made any accusation against the petitioner, who is in custody since 17/09/2015.

Considering the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.57380 of 2015 (2) dt.21-12-2015 2/2 above named petitioner 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 learned 1st Addl. Sessions Judge, Bhagalpur,-cum- Special Judge POCSO Act in Ishipur (Barahat) P.S.Case No. 116 of 2015.

(Hemant Kumar Srivastava, J) singh/- U T