High Court Patna High Court - Orders

Md.Aslam vs The State Of Bihar on 24 November, 2010

Patna High Court – Orders
Md.Aslam vs The State Of Bihar on 24 November, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.34326 of 2010
              MD. ASLAM, SON OF MD. SALEEM, RESIDENT OF
              MOHALLA-KAMBAL         SAH    MAJAR     CHATARBHUJ
              ASTHAN,      P.S.-      MITHANPURA,       DISTRICT-
              MUZAFFARPUR.....................................PETITIONER.

                                               Versus

               THE STATE OF BIHAR....................OPPOSITE PARTY.

                                             -----------

For the Petitioner : M/s. Mahendra Thakur & Shashi Bhushan
Pandey, Advocates.

For the State : Mr. Abhimanyu Sharma, A.P.P.

———

4. 24.11.2010. Heard learned counsel for the petitioner and the

learned A.P.P. for the State. Perused report kept at flag ‘X’.

The petitioner seeks bail in a case registered

under Sections 366(A)/34 of Indian Penal Code.

The bail application of the petitioner was earlier

rejected vide order dated 28.10.2009 passed in Criminal

Misc. No.10404 of 2009 (Annexure-‘1’ to this application).

It has been submitted on behalf of the petitioner

that the girl eloped with the boy on her own, which is

evident from the First Information Report itself. It is also

stated that two co-accused persons, namely, Munnu Sah and

Santosh Kumar have already been granted bail by this Court.

Further contention is that though the earlier bail application
2

of the petitioner had been rejected vide order dated

28.10.2009, a copy of which is contained as Annexure- ‘1’to

this application, the trial has not been concluded even after a

lapse of one year. Learned counsel further submits that the

petitioner has remained in custody since 08.11.2008 itself.

Having regard to the facts and the circumstances

of the case, the petitioner, Md. Aslam, is directed to be

released on bail on his furnishing bail bond of Rs.10,000/-

(Rupees Ten Thousand) with two sureties of the like amount

each to the satisfaction of the Chief Judicial Magistrate, East

Champaran at Motihari, in connection with Chhautari P.S.

Case No.134 of 2008, with a further condition that one of the

bailors of the petitioner must be his father. Further, the

petitioner shall remain present on each and every date during

the course of the trial in the court below. If the petitioner

fails to remain present on two consecutive dates during the

course of the trial without any reasonable cause being shown,

the court concerned would be at liberty to take steps for

cancellation of his bail bonds.

( Dr. Ravi Ranjan, J)
P.S./Sanjay-II