Patna High CourtCR. MISC./13922/2019bail granted

Md. Rafique v. The State Of Bihar

2019-03-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13922 of 2019 Arising Out of PS. Case No.-55 Year-2018 Thana- PARIHAR District- Sitamarhi ====================================================== MD. RAFIQUE Son of Late Md. Zakir Hussain, Resident of Village - Rampur Mahuain, P.s.-Parihar, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Parihar P.S. Case No. 55 of 2018 for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Sections 3⁄4 of POCSO Act.

The allegation is regarding the accused persons having forcibly kidnapped the victim girl and thereafter, coaccused Md. Bechan is said to have taken her to Delhi and committed rape with her along with his brother-in-law, namely, Irfan.

The learned counsel for the petitioner submits that a bare perusal of the statement of the victim girl made under Section 164 Cr. P.C. would show that the main accused persons responsible for committing rape with the victim girl are Md.

Patna High Court CR. MISC. No.13922 of 2019(2) dt.06-03-2019 2/2 Bechan and Irfan and as far as the petitioner is concerned, it is alleged that he was instrumental in taking away the victim girl with other person to the station. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 08.06.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO, Act), Sitamarhi in connection with Parihar P.S. Case No. 55 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T