Md. Ajmat @ Ajmat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22680 of 2024 Arising Out of PS. Case No.-51 Year-2022 Thana- MAHILA P.S. District- Samastipur ====================================================== Md. Ajmat @ Ajmat ali SON OF NIZAM R/O VILL- SHAHPUR, BAGHANI, WARD NO. 13, PS- WAINI, OP , DIST- SAMASTIPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SAIYKA PRAVEEN DAUGHTER OF MD. SAMED R/O VILLSHAHPUR, BAGHANI, WARD NO. 13, PS- WAINI, OP , DISTSAMASTIPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Choudhary Shyam Nandan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Mahila (Women) P.S. Case No. 51/2022 registered for the offence punishable under Sections 376(D)/342/323/504/506/34 of the Indian Penal Code.

3. The allegation against the petitioner and others is of committing rape. Similarly situated co-accused Md. Javed and others were put on trial in T.R. No. 131 of 2024 in the Court of Additional District and Session Judge VI cum Special Judge, POCSO Act, Samastipur who by his judgment dated 15.01.2024 has acquitted the accused persons. Another co-accused Md. Jishan @ Md. Zeshan was also put on trial in T.R. No. 109 of

Patna High Court CR. MISC. No.22680 of 2024(2) dt.04-04-2024 2/2 2024 who has also been acquitted by the Court of Additional District and Session Judge VI cum Special Judge, POCSO Act, Samastipur on 15.01.2024. The victim had approached this Court in Cr. Appeal (DB) No. 280 of 2024 and had challenged the judgment in the case of Md. Jishan @ Md. Zeshan that appeal against acquittal has also been dismissed by this Court on 21.03.2024. The victim had also approached this Court in Cr. Appeal (DB) No. 283 of 2024 and had challenged the judgment in the case of Md. Javed and Ors., that appeal against acquittal has also been dismissed by this Court on 21.03.2024.

4. In view of the above, this application is allowed.

5. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-VIth cum Special Judge, POCSO, Samastipur/ concerned court in connection with Mahila (Women) P.S. Case No. 51 of 2022.

(Sandeep Kumar, J) Saif/- U T