Shish Mohammad v. The State Of Bihar

Patna High Court Cr.Misc. No.2595 of 2017 (2) dt.16-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2595 of 2017 Arising Out of PS.Case No. -142 Year- 2015 Thana -AMDABAD District- KATIHAR ====================================================== Shish Mohammad Son of Ataur Rahman Resident of Village- Ghasiya Ghat, Police Station- Amdabad, District- Katihar..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Amdabad P.S. Case No. 142 of 2015 registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 4/6 of the Prevention of Children from Sexual Offences Act. Allegedly, after giving assurance to marry the petitioner developed physical relationship with the informant and continued the same, resulting, the informant became pregnant and in panchayati the petitioner was ready to marry but he was instigated by other co-accused and then denied to marry with the informant. Submission is of false implication and that the informant is major one which is evident from the report of the doctor, she has given consent to develop physical relationship as alleged, the petitioner was ready to marry with her and as such no offence as

Patna High Court Cr.Misc. No.2595 of 2017 (2) dt.16-02-2017 alleged is made out, the petitioner is suffering in custody since 04.01.2016 and as such the petitioner deserves sympathetic consideration.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the informant is also minor and the case is running in the POCSO Court.

In the facts and circumstances stated above, considering the nature of allegation and detention of the petitioner, 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 Sri R. P. Sinha, A.D.J. Ist, Katihar in connection with Amdabad P.S. Case No. 142 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