Patna High CourtCR. MISC./53834/2015bail granted

Chand Mohammad v. The State Of Bihar

2015-11-30Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53834 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Chand Mohammad, s/o Habib Mian, resident of Barauli Main Road, Ward No. 6, PS Barauli, DIstrict Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The victim has already been recovered and his statement under section 164 of the Cr.P.C was recorded. The victim stated in his statement that he was brought to Gopalganj by the petitioner and except the aforesaid statement, there is nothing against the petitioner.

The contention on behalf of the petitioner is that there was dispute in between parents of the victim and the informant and as a matter of fact, one Mamta Karim Shekh is the mother of the victim and the aforesaid Mamta Karim Shekh gave the victim to petitioner in adoption. It is further contended by him that the informant was medically examined by the doctor and she was

Patna High Court Cr.Misc. No.53834 of 2015 (2) dt.30-11-2015 2/2 found between 20 to 23 years of age and the victim of the present case was found between 11 to 12 years of age and, therefore, the aforesaid fact clearly goes to show that the victim is not a son of the informant of the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of SuDivisional Judicial Magistrate, Gopalganj in connection Mahila P.S.Case No. 56 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T