Md. Sahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5663 of 2023 Arising Out of PS. Case No.-53 Year-2021 Thana- MAHILA P.S. District- Araria ====================================================== MD. SAHIL Son of Md. Moharram @ Md. Moharram Ali, R/v- Uda Ward No.- 5, P.S.- Mahalgaon, District- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr. Adv.

Priyanka Singh, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-05-2023 Heard Mr. Yogesh Chandra Verma, the learned Senior counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Special (POCSO) Case No. 20 of 2021, arising out of Mahila P.S. Case No. 53 of 2021, registered for offence punishable under Sections 376(3), 341, 323/34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

The learned Senior counsel for the petitioner has submitted that the recital of the FIR shows itself its suspicious nature. It says that firstly the victim was assaulted and thereafter, the rape was committed. He has submitted further that on the same day, wife of the petitioner has also lodged a case under Section 376(D) of the Indian Penal Code and its

Patna High Court CR. MISC. No.5663 of 2023(2) dt.05-05-2023 2/2 allied sections against the members of the prosecution side. As a matter of fact, both the parties are agnates and there is dispute between them and it was the reason for false implication of the petitioner in this case.

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 Sessions Judge-VI-cumSpecial Judge, POCSO, Araria in connection with Special (POCSO) Case No. 20 of 2021, arising out of Mahila P.S. Case No. 53 of 2021, 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 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) Mahesh/- U T