Farhan @ Frahan @ Sabi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5939 of 2019 Arising Out of PS. Case No.-814 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Farhan @ Frahan @ Sabi S/o Md. Sahabuddin @ Syed Sahabuddin, resident of Mohalla- Milkiyana, Phulwari Sharif, P.S.- Phulwari Sharif, Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Phulwari Sharif P.S. Case No. 814/2018 (Special POCSO Case No.203/2018) registered for the offence punishable under Sections 354 D of the Indian Penal Code and Sections 4/8/14 of the POCSO Act, 2012. Informant who is mother of the victim girl who in her written complaint has stated that petitioner who is maternal uncle of the victim girl, used to show obscene video on his mobile to the victim.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to some family dispute. He has been made accused in this case on false and concocted story.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.5939 of 2019(2) dt.05-02-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge 1st -cum- Spl. Judge, POCSO Act, Patna in connection with Phulwari Sharif P.S. Case No. 814/2018 (Special POCSO Case No.203/2018), with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T