Patna High CourtCR. MISC./47806/2018bail granted

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

2018-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47806 of 2018 Arising Out of PS.Case No. -516 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. AFTAB ALAM @ MD. AFTAB ALAM S/o Md. Samsuddin, R/o Mohalla- Baswariya, P.S.- Bettiah Town, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Bettiah Muffasil (Banuchhapar) P.S.Case No. 516 of 2017, registered for offences punishable under Sections 377/511 of the IPC and 8 pf the POCSO Act, 2012.

As per F.I.R. allegation against the petitioner is of enticed away the informant and taken him into Sugarcane field and tried to assault the informant and upon raising alarm, the petitioner fled away.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in the case and there is no chance of commission of the offence of sodomy and unnatural offence with the informant and he is in custody since

Patna High Court Cr.Misc. No.47806 of 2018 (2) dt.26-09-2018 2/2 08.12.2017.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, West Champaran, Bettiah in connection with Bettiah Muffasil (Banuchhapar) P.S.Case No. 516 of 2017, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U