Md. Nazir @ Nazir Ahmad @ Md. Nazir Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10511 of 2018 Arising Out of PS.Case No. -122 Year- 2017 Thana -LAUKHI District- MADHUBANI ====================================================== Md. Nazir @ Nazir Ahmad @ Md. Nazir Ahmad, S/o Bilat Mian @ Md. Bilat, R/o Village- Kakardobh, Police Station- Laukahi, DistrictMadhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun, Advocate. For the informant : Mr. Sanjay Kumar Jha, Advocate. Dr. Rajesh Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.
The petitioner apprehends his arrest in Laukahi P.S. Case No. 122 of 2017 instituted for the offence under Sections 341, 323, 354A, 506 of the Indian Penal Code and Section 8 of POCSO Act.
Learned counsel for the petitioner has submitted that alleged occurrence has taken place on 19.05.2017 and the First Information Report has been registered on 23.06.2017 i.e. after lapse of one month. It has further been submitted that there is land dispute between the parties. Petitioner has no criminal antecedent. There is allegation in the written report that petitioner
Patna High Court Cr.Misc. No.10511 of 2018 (4) dt.08-05-2018 2/3 attempted to outrage modesty of the daughter of the informant who is dumb.
Case diary has been received.
There is no medical report of the victim girl available in the case diary.
Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail of the petitioner. The informant has not given explanation for lodging the case after delay of more than one month. It is mentioned in the written report that talk of Panchayat was going on between the parties. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Laukahi P.S. Case No. 122 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st cum Special Judge, POCSO Act, Madhubani, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on
Patna High Court Cr.Misc. No.10511 of 2018 (4) dt.08-05-2018 3/3 each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T