Md. Ruman v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23223 of 2018 Arising Out of PS.Case No. -156 Year- 2017 Thana -JALALGARH District- PURNIA ====================================================== Md. Ruman S/o Md. Majloom Resident of Village - Barhariya (Baghwa), P.S. Araria, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gulshan Begum @ Gulsan Khatoon D/o Md. Abbas resident of Village - Azad Nagar, Madhepura, P.S. Khat (Sahayak), District Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 95 of 2017 arising out of Jalalgarh P.S. Case No. 156 of 2017 for the offences punishable under Sections 302/34 of the Indian Penal Code.

The allegation in the present case is that the petitioner is said to have abducted the victim girl.

The learned counsel for the petitioner submits that a bare perusal of the statement of the victim under Section 164 Cr.P.C. would should that the victim girl has not alleged any sort of overt act or rape being committed by the petitioner herein. The

Patna High Court Cr.Misc. No.23223 of 2018 (4) dt.29-06-2018 2/2 petitioner is said to be having a clean antecedent and is languishing in custody since 29.11.2017.

The learned counsel for the informant has opposed the prayer for bail. Having regard to the facts and circumstances of the case, the petitioner, above named, is 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 learned 1st Additional Sessions Judge cum Special Judge, POCSO, Purnea in connection with POCSO Case No. 95 of 2017 (CIS No. 663 of 2017) arising out of Jalalgarh P.S. Case No. 156 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T