Md. Aftab Alam @ Md Aftab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3334 of 2021 Arising Out of PS. Case No.-275 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MD. AFTAB ALAM @ MD AFTAB S/o Md. Majid @ Md. Masjid R/o village- Bari Ballia, Islampur Pokharia, P.S.- Ballia, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-07-2021 Heard the parties in virtual court proceeding. Let the defect(s) be removed within four weeks after start of the physical court.

The petitioner is languishing in custody for the offences punishable under Section 376 of the I.P.C. and Sections 4, 6 of POCSO Act.

Allegation is that the petitioner was in physical relationship with the sister of the informant and was found in a compromising position when the informant came to his house. The sister of the informant has stated in her statement under Section 164 Cr.P.C. that she was in relationship with the petitioner. No force or inducement is alleged against the petitioner.

Considering the fact that the matter appears to be of

Patna High Court CR. MISC. No.3334 of 2021(5) dt.26-07-2021 2/2 consensual relationship, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Town P.S. Case No. 275 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) shahzad/- U T