Ajimuddin @ Md. Ajimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45997 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- SHANKARPUR District- Madhepura ====================================================== AJIMUDDIN @ MD. AJIMUDDIN Son of Md. Rafique Resident of VillageMadhurajpur, Ward No. 3, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 366 and 376 of the Indian Penal Code.

Informant is the Mother of victim who in her written complaint has alleged that on 14.12.2019, she had gone to attend marriage ceremony with her daughter but while her daughter was returning home, she was enticed away by one Azimuddin s/o Md. Rafique. The girl was recovered and in her statement recorded under Section 164 of the Cr.P.C she has stated that one Nazimuddin who does not belong to her village forcibly took her on his motorcycle and kept in a room and also committed rape upon her and she was recovered from there by the police. The girl is major.

Patna High Court CR. MISC. No.45997 of 2019(4) dt.01-10-2019 2/2 It has been submitted on behalf of the petitioner that he has been implicated in this case only on the basis of suspicion. Petitioner has got no criminal antecedent and is in custody since 17.02.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Sessions Trial No. 107 of 2019 arising out of Shankarpur P.S. Case No. 24 of 2019, 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(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