Md. Istiyak Ansari @ Muddin Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54384 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -ISHIPUR District- BHAGALPUR ======================================================

1. Md. Istiyak Ansari @ Muddin Miyan Son of Late Muddin Ansari @ Late Suddin Miyan Resident of Village - Shree Nagar, P.S. Ishipur Barahat, District - Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code.

The statement of the victim girl recorded under Section 164 of the Cr.P.C. would reveal that co-accused Md. Saddam, who is own relative of the victim called her and took her to the railway station, where the petitioner was also there. The petitioner is uncle of the victim. Thereafter Md. Saddam and this petitioner took the victim to Muradabad via train. At Muradabad, Md. Saddam established physical relation with the victim. Submission of learned counsel for the petitioner is

Patna High Court Cr.Misc. No.54384 of 2018 (2) dt.11-10-2018 2/2 that in fact the matter is of love affair between Md. Saddam and victim girl.

Considering the fact that there is no substantial allegation against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 the learned court below where the case is pending in connection with Barahat Police Station Case No. 47 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Amit/- U T