Md. Shekhawat Ansari @ Shekhabat Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14936 of 2024 Arising Out of PS. Case No.-122 Year-2023 Thana- BIRAUL District- Darbhanga ====================================================== Md. Shekhawat Ansari @ Shekhabat Ansari S/O Alim Ansari R/O VillagePokharam, P.S- Biraul, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siyaram Shahi, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Biraul P.S. Case No. 122 of 2023 dated 25.03.2023, instituted for the offence punishable under Sections 376(2)(m) of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. The prosecution case, in short, is that the informant's daughter was allegedly raped by the petitioner. He also abused the informant and threatened to kill her and her daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that four witnesses were examined out of which P.W. 1 was examined by video conferencing and

Patna High Court CR. MISC. No.14936 of 2024(2) dt.13-03-2024 2/2 she could not identify the petitioner and was declared hostile. P.W. 2 (mother of the victim) was also declared hostile as she submitted that the petitioner had not committed rape of her daughter. P.W. 3 (father of the victim) also did not support the case of the prosecution and was declared hostile by the court. Lastly, it has been submitted that the petitioner is in custody since 25.03.2023 having no criminal antecedents and chargesheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO Act), Darbhanga in connection with Biraul P.S. Case No. 122 of 2023.

(Khatim Reza, J) sankalp/- U T