Eid Mohammad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55870 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- MADHAURAH District- Saran ====================================================== EID MOHAMMAD S/O NABI ZAAN MIYAN @ NAVIJAN MIYA RESIDENT OF VILLAGE MIRZAPUR PS MARHOURA DISTRICT SARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmesh Kumar Shrivastava, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 370, 371, 372(1)/34 of the Indian Penal Code, section 8 of POCSO Act, 75/79 of the J.J. Act, section 3/4/5/6 of I.T.P Act, 1956 and section 16/17/18 of Bonded Labour System (Abolition) Act, 1976.
3. As per the prosecution case, petitioner is owner of the Orchestra in which minor girls were forced to perform dance and song.
4. It is submitted that victims (minor girls) in her statement recorded under section 164 Cr. P . C. denied the prosecution case and stated that they out of their own will perform dance in the marriage and no one forced them to do so.
Patna High Court CR. MISC. No.55870 of 2023(2) dt.29-08-2023 2/2 5 . Learned counsel for the State opposes the bail petition .
6. Considering the statement of the victims recorded under section 164 Cr. P . C. and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge , POCSO Act, Saran at Chhapara in connection with Marhowrah P.S. case no. 280 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T