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Patna High Court - Orders

Heshamuddin @ Md. Heshamuddin vs The State Of Bihar on 22 September, 2017

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.46737 of 2017
                        Arising Out of PS.Case No. -151 Year- 2017 Thana -HISUA District- NAWADA
                 ======================================================
                 Heshamuddin @ Md. Heshamuddin, son of Md. Nezamuddin, resident of
                 Village-Sherpur, Police Station-Chandauti, District-gaya.

                                                                                  .... ....   Petitioner
                                                       Versus
                 The State of Bihar

                                                                  .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Ashhar Mustafa
                 For the Opposite Party/s   : Mr. Jai Narain Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

2   22-09-2017

Heard learned counsel for the petitioner.

This is an application for bail in connection with Hisua P.S. Case No. 151 of 2017 registered for the offences punishable under Sections 354A, 354B, 354C, 354D, 506 of the Indian Penal Code and Section 8 of POCSO Act.

Allegation against the petitioner is of misbehaving and attempting to outrage modesty of daughter of informant.

Submission of learned counsel for the petitioner is that the whole prosecution case is false and concocted, which will appear from the fact that daughter of informant was not present in the school, which will appear from register of school. Further submission is that he has falsely been implicated in this case as he was not ready to mark her attendance, which was required for awarding scholarship and school uniform and he is in custody for about two months. Further submission is that petitioner is a Patna High Court Cr.Misc. No.46737 of 2017 (2) dt.22-09-2017 2/2 Government servant and there is no chance of his absconding.

Heard learned APP also.

Having heard both sides and in view of facts and circumstances, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge, Nawada, in connection with Hisua P.S. Case No. 151 of 2017, subject to the following conditions :-

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/-

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