Md. Sharif @ Md. Sarif @ Md. Serif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2519 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- ITARHI District- Buxar ====================================================== BAJRANGI SINGH @ BAJRANGI RAI S/O Bhuwali Singh @ Bhuali Ray R/O Village- Kukurha, P.S- Itarhi in the district of Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Itarhi P.S. Case No. 155 of 2022, registered for offence punishable under sections 341, 323, 307, 354(A), 354(B), 504, 506/34 of the Indian Penal Code, section 4 of the POCSO Act and sections 3(i) (r) (wi) of SC/ST (POA) Act. As per allegation, when the informant was going to answer the call of nature, the accused persons including the petitioner, outraged her modesty. When the villagers came there, they fled away. When she went to complain the matter to the house of the accused persons, they threatened her to kill. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.2519 of 2023(4) dt.06-04-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, a piece of land belonging to the petitioner is situated near the house of the victim, in which the victim and her family members used to keep garbage and also tie cattle. On protest, they falsely implicated the petitioner and his family members in this case. The petitioner is in custody since 28.08.2022.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeVI-cum-Special Judge, POCSO Act, Buxar in connection with Itarhi P.S. Case No. 155 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have

Patna High Court CR. MISC. No.2519 of 2023(4) dt.06-04-2023 3/3 liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) niku/mahesh/- U T