Md. Sah Jahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14263 of 2020 Arising Out of PS. Case No.-194 Year-2019 Thana- KASBA District- Purnia ====================================================== MD. SAH JAHAN Son of Late Riyaz Resident of Village - Murad Bagh, P.S.- Kasba, Distt.- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Special POSCO Act Case No. 81 of 2019, arising out of Kasba Police Station Case No. 194 of 2019, registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

The allegation against the petitioner is that on the date of occurrence, the petitioner forcibly lifted the daughter of the informant and took her to a mango orchard and committed rape upon her.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14263 of 2020(3) dt.03-06-2020 2/3 petitioner has falsely been implicated in this case inasmuch as from perusal of the statement of the victim girl, recorded under Section 164 of the Cr.P.C. (Annexure 2), it would be evident that the victim girl has categorically stated that no rape was committed upon her. He further submits that from perusal of the impugned order, it would be evident that the police have submitted charge sheet against the petitioner under Section 354B of the Indian Penal Code and not under Section 376 of the Indian Penal Code. He further submits that the petitioner is in judicial custody since 28.09.2019.

After having heard learned Counsel for the parties and taking into consideration the facts that the victim girl, in her statement recorded under Section 164 of the Cr.P.C., has not stated that rape was committed upon her by the petitioner, charge sheet has been submitted against the petitioner only under Section 354-B of the Indian Penal Code and the petitioner is in judicial custody since 28.09.2019, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge -cum-

Patna High Court CR. MISC. No.14263 of 2020(3) dt.03-06-2020 3/3 Special Judge, POCSO Act, Purnea, in connection with Special POCS Act Case No. 81 of 2019, arising out of Kasba Police Station Case No. 194 of 2019.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √