Patna High CourtCR. MISC./74411/2018bail granted

Md. Tanjeer @ Md. Tanvir @ Md. Tansir v. The State Of Bihar

2019-01-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74411 of 2018 Arising Out of PS. Case No.-88 Year-2018 Thana- HABIBPUR District- Bhagalpur ====================================================== Md. Tanjeer @ Md. Tanvir @ Md. Tansir, Son of Md. Hashim @ Hasso, Resident of Mohibali Chak, Police Station-Habibpur, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal Mr. Pravin Kumar Sinha For the Opposite Party/s :

Mr.Sri Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Habibpur P.S. Case No. 88/2018, instituted for offence under Section(s) 376 of the Indian Penal Code read with Section 4 of POCSO Act. Learned counsel for the petitioner has submitted that in the written itself it is mentioned that physical relationship was continued between the petitioner and informant for last two months.

It is alleged in the written report that on 13.05.2018, informant felt pain in her stomach and went to the doctor where she was told that she is pregnant. Thereafter, guardian of informant put this matter before petitioner, who abused them.

Patna High Court Cr.Misc. No.74411 of 2018(3) dt.11-01-2019 2/2 The girl has disclosed her date of birth dated 02.01.2006. Medical report is available in case diary, wherein doctor has assessed the age of victim to be between 15-17 years. Victim has made statement under Section 164 Cr.P.C., which is available in case diary, wherein she has stated that she was having physical relationship with this petitioner for the last two months and she became pregnant.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 the learned Additional Chief Judicial Magistrate XIIth, Bhagalpur in connection with Habibpur P.S. Case No. 88/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T