Manzoor @ Manzoor Alam @ Md. Manzoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26603 of 2017 Arising Out of PS.Case No. -224 Year- 2016 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Manzoor @ Manzoor Alam @ Md. Manzoor Alam, Son of Md. Gani, resident of Village- Suryapura, Naya Tola, P.S.- Surajgarha, DistrictLakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Surajgarha P.S. Case No. 224 of 2016 instituted for the offence under Sections 364, 328/34 of the Indian Penal Code and Sections 2/8 of POCSO Act. As per written report, the petitioner has kidnapped the daughter of informant from Hand Pump and committed illegal act with her for which Surajgarha P.S. Case no. 130 of 2016 was registered. Thereafter, the petitioner threatened the daughter of complainant to withdraw the case and when the case was not withdrawn, on 14.9.2015, the two sons of petitioner namely, Md. Imran and Md. Arman took away the daughter of the informant on Motorcycle. The victim girl on her recovery has given statement under Section 164 Cr. P.C. in which she has stated that she has performed marriage with this petitioner.

Patna High Court Cr.Misc. No.26603 of 2017 (2) dt.06-07-2017 2/2 In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Surajgarha P.S. Case No. 224 of 2016, he shall be released on anticipatory 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 District and Sessions Judge-I-cum-Special Judge, POCSO, Lakhisarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T