Md. Imteyaz @ Gopal @ Md. Imteyaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15722 of 2024 Arising Out of PS. Case No.-146 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Md. Imteyaz @ Gopal @ Md. Imteyaj S/o Md. Matin @ Matin Ansari R/o Village - Chakmehsi, Ward No. 8, P.S. - Chakmehsi, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Khushi Awada, Chakmehsi P.S. Case No. 146 of 2023 Adv.
Mr. Jitendra Narain Sinha, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Chakmehsi P.S. Case No. 146 of 2023 for the offences punishable under Sections 363, 366A, 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.
3. There is allegation against the petitioner that he forcibly took away informant's daughter from his house and committed rape upon her.
4. At the very outset, the learned counsel for the petitioner has submitted that the victim has been examined as PW-2 in the trial and she did not support the prosecution case. From perusal of her deposition, it appears that the petitioner has
Patna High Court CR. MISC. No.15722 of 2024(5) dt.05-09-2024 2/2 falsely been implicated in this case. She had love and affection with the petitioner. The petitioner is a person of clean antecedent and is under custody since 03.08.2023.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Court (POCSO) Samastipur in connection with Chakmehsi P.S. Case No. 146 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Nirmal/- U T