Kurban @ Md. Kurban v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69155 of 2019 Arising Out of PS. Case No.-272 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== KURBAN @ MD. KURBAN Son of Late Md. Hasib Resident of Prem Nagar, P.S.- Bahadurganj, District - Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 370, 372, 376, 120B/34 of the Indian Penal Code and Section 3, 4 and 5 of the Immoral Traffic act and Section 4/6 POCSO Act. It has been submitted on behalf of petitioner that petitioner is not named in the FIR but in course of investigation, co-accused Chand Hussain, disclosed the name of 10 persons including the petitioner, who were kept by him as watchman. It has been further submitted that victim in her statement recorded under Section 164 Cr.P.C. has not disclosed the name of petitioner. Similarly placed FIR named co-accused and other coaccused persons have been granted bail by a co-ordinate Bench
Patna High Court CR. MISC. No.69155 of 2019(2) dt.18-12-2019 2/2 of this Court as contained in Annnexure-2, 2/1, 3 and 3/1. Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Bahadurganj P.S. Case No. 272 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(S. Kumar, J) veena/- U T