Md. Mobin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24115 of 2018 Arising Out of PS.Case No. -52 Year- 2016 Thana -SAKATPUR District- DARBHANGA ====================================================== Md. Mobin, Son of Reyazuddin @ Md. Raziuddin Siddique, resident of Village- Baika, P.S.- Sakatpur, District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, who is in custody since 02.02.2018, seeks bail in connection with Sakatpur P.S. Case No.52 of 2016 registered for the offences under Sections 363, 366A/34 of the Indian Penal Code.

It has been submitted that the victim girl during investigation in her statement given before the police has stated about her affairs with Md. Akbar. The victim was recovered with Md. Akbar from the house of Md. Isha at Allahabad. She was produced before the magistrate where she disclosed the name of this petitioner and Raj Kumar, who had assisted the accused. The said Raj Kumar was allowed anticipatory bail in Cr.Misc.No.1794 of 2017. The other co-accused Hashmat Ali @

Patna High Court Cr.Misc. No.24115 of 2018 (3) dt.18-05-2018 Bhola, who is full brother of accused Md. Akbar has also been granted anticipatory bail in Cr.Misc.No.25241 of 2017. The petitioner has clean antecedent.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned A.C.J.M. IV, Darbhanga in connection with Sakatpur P.S. Case No.52 of 2016 subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail.

(iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Harish/- U