Tabrej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56600 of 2018 Arising Out of PS.Case No. -175 Year- 2018 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Tabrej Alam, Son of Amin Mian, Resident of Village- Karamwa, Police Station- Majhaulia, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 For the informant : Mr. Sachida Nand Rai, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner, counsel for the victim girl and the State.

The petitioner seeks bail in S.G.R. No. 38 of 2018 arising out of Nautan P.S. Case No. 175 of 2018 instituted for the offence under Section 376 of the Indian Penal Code and Sections 4/6 of POCSO Act.

In the written report it is alleged that petitioner committed illegal act with daughter of the informant. The statement of victim girl has been recorded under Section 164 Cr. P.C. wherein she has stated that petitioner committed illegal act with her. She wants to perform marriage with him. She has also stated in her statement recorded under

Patna High Court Cr.Misc. No.56600 of 2018 (2) dt.05-10-2018 2/2 Section 164 Cr. P.C. that both parties have agreed to perform marriage.

The victim girl and her father are present in Court. Both parties are ready to perform marriage. The matter has already been compromised between the parties. The compromise petition has been filed in the court below.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-1st-cum-Special Judge, Bettiah, Distt. West Champaran, in connection with S.G.R. No. 38 of 2018 arising out of Nautan P.S. Case No. 175 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T