Patna High CourtCR. MISC./51601/2018bail granted

Md. Mojib And ORS v. The State Of Bihar

2018-10-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51601 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Md. Mojib, S/o Kudus

2. Afsana Khatoon, wife of Md. Mojib.

3. Rajina Khatoon, wife of Md. Samser.

4. Md. Mosfir, son of Md. Wahid, All are resident of Village- Resna, Ward No. 03, P.S. Gwalpara, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bam Bahadur Jha, Advocate For the Opposite Party/s : Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376/323/354/504/34 of the Indian Penal Code and Section 4/8 of the POCSO Act.

The statement of the victim girl, recorded under Section 164 Cr.P.C., on its entirety, would reveal a case of her affair with co-accused Md. Shahil. The petitioners are family members of Md. Shahil.

Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender

Patna High Court Cr.Misc. No.51601 of 2018 (2) dt.09-10-2018 2/2 before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mahila (Madhepura) Police Station Case No.25 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T