Allowed

Md Tinku Mistri @ Md Salam v. The State of Bihar

Patna HC2 Apr 2024CR. MISC./19159/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case arising from a raid on his auto service centre where a 13-year-old juvenile was found working. Court granted anticipatory bail with conditions under Section 438(2) Cr.P.C., on furnishing bail bond of Rs. 25,000 with two sureties of like amount.

What did the court decide?

Anticipatory bail: release on arrest/surrender within six weeks on Rs. 25,000 bond with two like sureties, subject to S.438(2) Cr.P.C. conditions.

Md Tinku Mistri @ Md Salam Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19159 of 2024

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Arising Out of PS. Case No.-908 Year-2023 Thana- ARA NAWADA District- Bhojpur

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======================================================

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Md Tinku Mistri @ Md Salam Son of Md. Suleman, the owner of Raj Auto Service Centre Maulabagh, P.S.-Nawada, Distt.-Bhojpur at Arrah. Resident of vill.-Chik toli, P.S.-Arrah Town, Distt.-Bhojpur at Arrah, presently

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rama Singh For the Opposite Party/s : Mr. Choubey Jawahar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 02-04-2024

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Heard learned counsel for the petitioner and

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learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 370 of the Indian Penal Code and Section 14 of the Child Labour Act.

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As per the prosecution case, on 19.12.2023 at about 02.30 P.M. the informant and her raiding party members raided the M/S Raj Auto Service Centre, Maulabag, Ara Bhojpur at the Shop of the petitioner and recovered juvenile Tanveer Alam aged about 13 years, who was working at the shop of the petitioner.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

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Patna High Court CR. MISC. No.19159 of 2024(2) dt.02-04-2024 2/2

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case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the juvenile Tanveer Alam is the Fufera brother of the petitioner and not engaged in any kind of shop work. He further submits that there is no specific overt act against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes prayer for anticipatory bail.

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Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned Court below where the case is pending/successor Court in connection with Nawada P.S. Case No. 908 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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anand/- U

Md Tinku Mistri @ Md Salam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md Tinku Mistri @ Md Salam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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