Patna High CourtCR. MISC./46989/2014bail granted

Md. Sujan Md. Nijam @ Raj Kumar Rai v. The State Of Bihar

2015-03-03Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 46989 of 2014 Arising Out of PS.Case No. -38 Year- 2014 Thana -BALIGAON District- VAISHALI (HAJIPUR) ====================================================== Md. Sujan @ Md. Nijam @ Raj Kumar Rai Son of Md. Sainul, Resident of Village Main Mehasi, P.S. Mehasi, District East Champaran at Motihari. .... .... Petitioner

Versus

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

For the Petitioner : Mr.

For the Opposite Party : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Baligaon P.S. Case No. 38 of 2014 dated 07.05.2014 instituted under Sections 363/365/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that he is not named in the F.I.R. and only later, on recovery of the girl, in, her statement before the Court under Section 164 of the Code of Criminal Procedure, 1973 she has stated that she was brought before the petitioner by three others and from there she was taken to Punjab by one Geeta Devi and her brother-in-law had brought her back from Punjab. She has also stated that nobody had done anything wrong with her. Learned counsel submits that co-accused Md. Tufail, who is named in the F.I.R. has been granted bail by a co-ordinate

Patna High Court Cr.Misc. No.46989 of 2014 (3) dt.03-03-2015 2/2 Bench of this Court on 10.02.2015 in Cr. Misc. No. 38416 of 2014 and the petitioner is in custody since 21.08.2014. Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali at Hajipur in Baligaon P.S. Case No. 38 of 2014. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J.) Anand Kr.

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