Rahul Miyan @ Rahul Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49384 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== Rahul Miyan @ Rahul Alam, Son of Alauddin Miyan, Resident of VillageDankan Sundarpur Road, P.S.- Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tondon For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Raxaul P.S. Case No. 109 of 2018 registered for the offence punishable under Sections 366A, 376/34 of the Indian Penal Code. Informant in his written complaint has alleged that his minor daughter has been kidnapped and raped by petitioner. However, the girl has been recovered and in her statement under section 164 of the Cr.P.C has stated that she solemnized marriage with petitioner and she had gone with him willingly and on her own volition. The Medical Board has assessed her age to be 22 years. Petitioner has got no criminal antecedent and is in custody since 30.05.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.49384 of 2018(3) dt.26-09-2018 2/2 the case, let the petitioner named above be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, POCSO, East Champaran, Motihari, in connection with Raxaul P.S. Case No. 109 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U