Patna High CourtCR. MISC./6296/2018bail granted

Chhotu Ali v. The State Of Bihar

2018-02-01Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6296 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6296 of 2018 Arising Out of PS.Case No. -227 Year- 2017 Thana -HUSAINGANJ District- SIWAN ====================================================== Chhotu Ali S/o Shbbir Ali , R/o Village- Khodai Bari, P.S.- Hussainganj, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Javed Aslam, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 15.11.2017 in connection with Hussainganj P.S. Case No. 227 of 2017 for the offences alleged under Sections 366A, 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as evident from the deposition of the so-called victim girl recorded under Section 164 Cr. P.C. in which she has categorically stated that she voluntarily accompanied the petitioner and solemnized marriage with him. She claims to be 18 years of age and also assessed as such. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.6296 of 2018 (2) dt.01-02-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Hussainganj P.S. Case No. 227 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T