Md. Israil And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.35705 of 2018 (2) dt.29-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35705 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Md. Israil son of Late Ibrahim

2. Md. Manzer Hasan @ Manjar son of Israil @ Md. Israil Both are residents of village - Dhapi, Ward No. 8, P.S. - Jokihat, Dist - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Araria (Mahila) P.S.Case No. 02 of 2018 registered under Sections 376/34 of the Indian Penal Code and Section 3⁄4 of POCSO Act.

Considering the fact that the allegation of rape is confined against the accused Md. Salim Zaffar and the petitioners have been named in the F.I.R only because being father and uncle of the accused Md. Salim Zaffar they refused the proposal of marriage of Md. Salim Zaffar with the victim girl, in the event of arrest or surrender before the court below within four weeks from

Patna High Court Cr.Misc. No.35705 of 2018 (2) dt.29-06-2018 today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Session Judge, Araria, in connection with Araria (Mahila) P.S.Case No. 02 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/Sneha U T