Patna High CourtCR. MISC./33481/2014bail granted

Haider Ali v. The State Of Bihar

2015-01-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33481 of 2014 Arising Out of PS.Case No. -165 Year- 2013 Thana -KATRA District- MUZAFFARPUR ====================================================== Haider Ali Son of Late Hashim Resident of Village - Nagwara, P.S. - Katra, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kr Singh No.1 For the Opposite Party : Mr. Dr.Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2015 Petitioner is languishing in custody since 12.08.2013 in a case registered for the offences punishable under Sections 366(A)/34 of the I.P.C.

It is alleged that fifteen years old daughter of the informant was enticed away by the petitioner, Safaidar Ali, Md. Ban, Md. Jubair Rahman, Md. Tammana and Md. Makdul on 05.08.2013 at 7:00 P.M. Subsequently the 164 Cr.P.C statement of the victim was recorded which suggests her kidnapping at the hands of the petitioner and others when petitioner established forceful physical relationship. It is submitted by learned counsel for the petitioner that for the occurrence of 05.08.2013 at 7:00 P.M the F.I.R was registered on 06.08.2013 at 10:00 A.M. The medical report does not suggest any finding of rape nor spermatozoa has been found.

Patna High Court Cr.Misc. No.33481 of 2014 (3) dt.13-01-2015 2/2 A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, 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 3rd Adhoc Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 821 of 2013, arising out of Katra P.S. Case No. 165 of 2013.

Learned Court below will positively cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T