Patna High CourtCR. MISC./69991/2019bail granted

Jamil Ahmad v. The State Of Bihar

2019-11-19Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69991 of 2019 Arising Out of PS. Case No.-501 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== JAMIL AHMAD Son of Nasir Hussain Resident of Mohalla - Nazmi Chowk, Bettiah, P.S.- Bettiah (Town), Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 06.07.2019 in connection with Bettiah ( Town) P.S. Case No. 501 of 2019 for the offence registered under Sections 346, 366(A), 367, 370(A), 372, 373, 376 and 120(B) of the Indian Penal Code and Section 3, 4, 5, 6, 7 and 8 of the Immoral Traffic Act, 1956 and Sections 4, 6, 12 and 17 of the POCSO Act.

Learned counsel for the petitioner submits that there is no allegation against the petitioner of having involved in the immoral act of trafficking. The petitioner had gone to visit the said Rabia Khatoon as she is one of his relatives. It is further submitted that none of the victim girl have taken the name of the

Patna High Court CR. MISC. No.69991 of 2019(2) dt.19-11-2019 2/3 present petitioner. It is further submitted that similarly situated co-accused persons, namely, Md. Hussain & Mahtab Alam have since been extended the privilege of bail vide order dated 04.11.2019 & 13.11.2019 passed in Cr. Misc. No. 65264 of 2019 & Cr. Misc. No. 65747 of 2019.

Considering the aforesaid facts and circumstances of the case and that the similarly situated co-accused persons have since been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional District and Sessions Judge cum Spl. Judge (SC/ST/POCSO), Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 501 of 2019, subject to the following conditions :-

1. One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.

2. The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

3. The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court

Patna High Court CR. MISC. No.69991 of 2019(2) dt.19-11-2019 3/3 concerned.

4. The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Jagdish/- U T