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Patna High CourtCR. MISC./64092/2018bail granted

Safi Ahmad Qureshi @ Safi Ahmed v. The State Of Bihar

2018-12-14Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64092 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- BARH District- Patna ====================================================== Safi Ahmad Qureshi @ Safi Ahmad, S/o Md. Suleman Qureshi, resident of Mohalla- Mir Mohalla, Ward No. 18, P.S.- Barh, Dist.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Barh P. S. Case No. 18 of 2018 dated 16.01.2018 and Special POCSO Case No. 9 of 2018 instituted for the offences under Section 354(B) of the Indian Penal Code and Section 8 of the POCSO Act, 2012. The victim who is aged about 15 years has alleged that one Riyaz Qureshi tried to convince her that she should marry him. The acquaintance between them had developed because of the prosecutrix visiting his house for the purposes of studying Urdu along with the sister of aforesaid

Patna High Court Cr.Misc. No.64092 of 2018(2) dt.14-12-2018 2/3 Riyaz Qureshi.

It has further been alleged that when the prosecutrix became ready for getting married to aforesaid Riyaz Qureshi, the accused persons including the petitioner refused to oblige unless the demand for dowry was met. The petitioner happens to be the father of the aforesaid Riyaz Qureshi and the allegation against him is that despite his knowledge about his son trying to develop contact with the prosecutrix, he did not do anything.

Similar allegation has been made by the prosecutrix in her 164 statement.

Nothing specific has been alleged against the petitioner except of his being a mute spectator to the developments which were taking place between the lives of the prosecutrix and his son.

Considering the aforesaid facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum

Patna High Court Cr.Misc. No.64092 of 2018(2) dt.14-12-2018 3/3 of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1-cum-Special Judge, POCSO, Patna in connection with Barh P. S. Case No. 18 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U