Naiyar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51158 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== NAIYAR ALAM S/o Jahid Alam @ Jahid R/o village- Pipla, P.S.- Kochadhaman , District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Sessions Trial No. 85 of 2019 arising out of Kishanganj P.S. Case No. 90 of 2019, instituted for the offence under Section(s) 363 and 366(A) of Indian Penal Code.

It is alleged in the written report that sister of the informant aged about 16 years was kidnapped. The informant got information that petitioner was known to his sister. He always used to give allurement to his sister. The sister of the informant was seen with the petitioner at Sindhiya Chowk by the villagers. The informant reached at Sindhiya Chowk, then petitioner tried to run away leaving his sister. He was apprehended.

Patna High Court CR. MISC. No.51158 of 2019(2) dt.21-08-2019 2/2 Counsel for the petitioner submits that the date of occurrence is 31.01.2019 and First Information Report has been lodged on 19.2.2019 after delay of 19 days.

The victim girl has given statement under Section 164 Cr. P.C. wherein she has stated that petitioner took her to Sindhiya Chowk. They both started living in a rented house. She has not levelled any allegation of sexual harassment with her against the petitioner Petitioner is in custody since 20.2.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail 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 Sessions Judge-1st, Kishanganj, in connection with Sessions Trial No. 85 of 2019 arising out of Kishanganj P.S. Case No. 90 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T