Azzu Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39877 of 2019 Arising Out of PS. Case No.-2 Year-2017 Thana- MAHILA PS District- Jehanabad ====================================================== AZZU AHMAD, Son of Late Islam Miyan, Resident of Millat Line, Fida Hussain Road, P.S.- Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP For the Informant :

Dr. Alok Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner seeks bail in Jehanabad Mahila P.S. Case No.02 of 2017 instituted for the offence under Section(s) 376/34 Indian Penal Code and Section 4 of the POCSO Act. Counsel for the petitioner submits that another accused with similar allegation has already been granted bail by this Court by order dated 01.08.2019 passed in Cr. Misc. No.43554 of 2019.

Counsel for the informant has submitted that DIG of Police, Magadh Range, has given direction for re-investigation of the case on the basis of allegation levelled in written report and the injuries alleged to have been sustained by the victim.

Patna High Court CR. MISC. No.39877 of 2019(3) dt.27-08-2019 2/2 Counsel for the petitioner submits that aforesaid observation of the DIG of Police, Magadh Range, will not make any difference in present stage of the case because police has submitted final form in the case. The doctor has not found any sign of rape or injury.

This Court finds that case of the petitioner stands on similar footing with the accused, who has been granted bail by this Court vide order dated 01.08.2019 passed in Cr. Misc. No.43554 of 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 Additional District Sessions Judge, 1st cum Special Judge, Jehanabad, in connection with Jehanabad Mahila P.S. Case No.02 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

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