Abdulla @ Abdullah Faisal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15015 of 2024 Arising Out of PS. Case No.-41 Year-2023 Thana- MAHILA P.S. District- Araria ====================================================== Abdulla @ Abdullah Faisal Son of Nazamuddin Resident of VillagePathrabari, Ward No. 10, Police Station- Jokihat, Dist.- Araria ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Araria Mahila P.S. Case No. 41 of 2023 registered for the offence under Sections 341, 323, 376, 504/34 of the Indian Penal Code and under Section 6 of the POCSO Act.
3. As per the prosecution case, the petitioner is accused of committing rape upon the victim girl.
4. From perusal of the FIR, it appears that this is a case of consensual sex.
5. The petitioner is in jail since 16.11.2023.
6. Considering the aforesaid facts, this application is allowed.
Patna High Court CR. MISC. No.15015 of 2024(2) dt.12-03-2024 2/2
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Araria in connection with Araria Mahila P.S. Cae No. 41 of 2023.
8. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.
(Sandeep Kumar, J) Vikas/- U T