Mojahir Hussain v. The State Of Bihar

Patna High Court Cr.Misc. No.36659 of 2016 (2) dt.26-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36659 of 2016 Arising Out of PS.Case No. -192 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mojahir Hussain Son of Mainuddin resident of Village- Bajhia Khurd, P.S.- Kotwa, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-11-2016 Heard both sides.

2.

The petitioner seeks bail in Kesaria P.S. Case No. 192 of 2014 registered under Section 366, 366(A) of the Indian Penal Code.

3.

The victim alleged that the petitioner took her to different places on the pretext of marrying with her but the petitioner did not marry with the victim. The prayer for bail of the petitioner has already been rejected vide order dated 03.07.2015 passed in Cr. Misc. No. 20100 of 2015 with direction to the trial court to expedite the trial and conclude the same within 9 months but the trial has not yet been concluded. The petitioner is in custody since 19.09.2014. The petitioner has already remained in

Patna High Court Cr.Misc. No.36659 of 2016 (2) dt.26-11-2016 jail for more that two years.

4.

Considering the aforesaid facts, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Motihari, East Champaran in connection with Pocso Case No. 22 of 2015 arising out of Kesaria P.S. Case No. 192 of 2014. brajesh/- (Prabhat Kumar Jha, J.) U T