Shalu Kuraishi @ Shallu Kuraisi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5993 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== SHALU KURAISHI @ SHALLU KURAISI Son of Gayasudin Kuraishi Resident of Village- Dumraon, P.S.- Dumraon, District- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Buxar Mahila P.S. Case No. 50 of 2022 registered for the offence punishable under sections 376(D) of the Indian Penal Code and section 6 of the POCSO Act.

It is a case of commission of rape by the petitioner upon the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. While the petitioner was sleeping in railway station, this petitioner taken away the victim girl to his house. He has not committed rape with the victim girl rather other accused Shivam, Sachin and Vikkey have committed rape with her. Her statement was

Patna High Court CR. MISC. No.5993 of 2023(3) dt.27-06-2023 2/2 recorded u/s 164 Cr.P.C., in which she has not whispered about commission of rape against the petitioner. He is languishing in judicial custody since 6.9.2022.

The application for bail is opposed by learned APP for the State and submitted that petitioner is named in the FIR. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge VI-cum-Special Court of POCSO Act, Buxar in connection with Mahila P.S. Case No. 50 of 2022. (Sunil Kumar Panwar, J) sushma/- U