Khurshid Aalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58711 of 2021 Arising Out of PS. Case No.-98 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== KHURSHID AALAM S/o FOOL MOHAMMAD MIYA, R/o VILLAGEAAJAGARI MAHAJIDAWA TOLA, DISTRICT-EAST CHAMPARAN, MOTIHARI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Mukeshwar Dawal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Turkaulia (Banjariya) P.S. Case No. 98 of 2019 registered for offence punishable under sections 363, 366A/34 of the Indian Penal Code.

The learned counsel for the petitioner has submitted that in her statement recorded under Section 164 of the Code of Criminal Procedure, the victim did not make complain against the present petitioner and the age of victim has been assessed by the learned court below as 19 years.

The statement of the victim is not available with the

Patna High Court CR. MISC. No.58711 of 2021(3) dt.12-09-2022 2/2 record.

Considering the above-mentioned facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaulia (Banjariya) P.S. Case No. 98 of 2019, subject to condition as laid down under section 438(2) Cr. P.C. Further condition is that the learned court below shall verify the submission of the learned counsel for the petitioner with the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and only thereafter, his bail bond shall be accepted.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T