Md. Siraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16759 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== Md. Siraj Son Of Md. Kamruddin @ Md. Karmuddin R/O VillageYaduapatti, Ward No.-07, Donga Tola, P.S.- Kumarkhand, Dist.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 354 (A),(B),(D), 504, 506, 34 of the Indian Penal Code and Section 8 of the POCSO Act.
Allegation against the petitioner is that he tried to outrage the modesty of the minor daughter of the informant while she was coming from the field along with firewood. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely
Patna High Court CR. MISC. No.16759 of 2022(3) dt.31-08-2022 2/2 implicated in the present case due to dirty village politics. He further submits that it appears from the F.I.R. the allegation against the petitioner is absurd and concocted. The petitioner is in custody since 07.01.2022.
Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submits that the allegation as alleged in the F.I.R. is supported by the statement of the victim girl recorded under Section 164 of the Cr. P.C. and the medical report of the victim suggests that she is aged about 12 to 14 years.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No. 22 of 2021 pending in the Court of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Madhepura Prayer is refused.
(Rajesh Kumar Verma, J) Ibrar//- U T