Patna High CourtCR. MISC./48729/2016bail granted

Afzal And ORS v. The State Of Bihar

2016-12-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48729 of 2016 Arising Out of PS.Case No. -281 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Afzal Son of Wali Mohammad

2. Kowed@Kobat Son of Wali Mohammad

3. Saddam Son of Ainul @Zakir All are residents of village- Gamharia, Police Station- Jokihat, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-12-2016 Heard both sides.

The petitioners seek bail in Jokihat P.S. Case No. 281/2016, registered for the offences punishable under Section 34 of the Indian Penal Code and Sections 67(K), 67(Kha) of the Information Technology Act and Section 14(2) of the POCSO Act.

The informant alleged that Afzal and others enticed his daughter for which Jokihat P.S. Case No. 253/2016 was registered under Sections 366A and 34 of the Indian Penal Code. The victim made her statement under Section 164 Cr.P.C. Musabbir, son of Petitioner No. 1, being the captivity of the victim, prepared blue films and Musabbir and others including the petitioners are said to

Patna High Court Cr.Misc. No.48729 of 2016 (2) dt.23-12-2016 2/2 have made blue film viral on the WhatsApp.

Learned counsel for the petitioners submits that the petitioners are not accused in Jokihat P.S. Case No. 253/2016. Petitioners are villagers and they also received photographs on their WhatsApp. They did not transmit the same to others. Petitioners are in jail since 18.09.2016.

Considering the facts aforesaid, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions-cum-Special Judge, Araria in connection with Special Case No. 16 of 2016 (POCSO Act), arising out of Jokihat P.S. Case No. 281/2016.

(Prabhat Kumar Jha, J.) Rakhi U T