Md. Mojahil @ Mohajil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19012 of 2021 Arising Out of PS. Case No.-332 Year-2016 Thana- CHHATAPUR District- Supaul ====================================================== MD. MOJAHIL @ MOHAJIL SON OF TASLIM @ LALO RESIDENT OF VILLAGE- MADHOPUR, P.S.- CHHATAPUR, DISTRICT- SUPAUL, STATE- BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuldeep Kumar, Adv.
For the Opposite Party/s :
Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Chhatapur P.S. Case No. 332 of 2016 registered under Sections 365, 366A and 120B of the Indian Penal Code and Section 4/6 of the POCSO Act.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to previous enmity and dirty village politics. Further submission is that the first information report has been lodged after a delay of 10 days without any reasonable explanation. It would be evident from the medical report (Annexure-4), neither any sign of fighting nor any sign
Patna High Court CR. MISC. No.19012 of 2021(2) dt.27-01-2022 2/2 of rape has been found on the body of informant's daughter. Petitioner has no criminal history.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Additional District and Sessions Judge-VI-cum Special Judge, POCSO, Supaul in connection with Chhatapur P.S. Case No. 332 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Arvind Srivastava, J) U T