Md. Mossabir v. The State Of Bihar

Patna High Court Cr.Misc. No.15733 of 2017 (2) dt.21-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15733 of 2017 Arising Out of PS.Case No. -281 Year- 2016 Thana -JOKIHAT District- ARRARIA ====================================================== Md. Mossabir, Son of Late Afzal, resident of village - Gamharia, Police Station Jokihat, District - Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jokihat P.S. Case No. 281 of 2016 registered for the offences punishable under Section 34 of the Indian Penal Code and Sections 67 (ka), 67 (kha) of the Information Technology Act and Sections 14 (2) of the POCSO Act.

Allegedly, the petitioner prepared video of the occurrence of the rape which he has committed with the victim and that video was made viral on Whatsapp and was shown to villagers. Submission is of false implication and that the petitioner has been made victim of circumstances, he has not committed any such offence, there is no legal and tangible material against him, the petitioner is ready to furnish the bail bond as he is in custody since 30.09.2016.

Patna High Court Cr.Misc. No.15733 of 2017 (2) dt.21-04-2017 Learned APP seriously opposes the prayer of bail. In the facts and circumstances stated above, considering the seriousness of the offence, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T