Md. Farooque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50167 of 2018 Arising Out of PS. Case No.-125 Year-2017 Thana- RAGHOPUR District- Supaul ====================================================== Md. Farooque, S/o Md. Asin, Resident of Village- Naya Tola, Raghopur, P.S.- Raghopur, District- Supual.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-08-2018 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with POCSO Case No. 17 of 2017 arising out of Raghopur P.S. Case No. 125 of 2017 registered for the offence punishable under sections 366A and 376/34 of the Indian Penal Code and Section 4 POCSO Act.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The present complaint case has been lodged after two months of the alleged occurrence without any explanation. Victim girl in her cross-examination did not identify this petitioner while all the four accused were present in the court and these persons did not commit any occurrence with her, as would be evident from the copy of deposition dated

Patna High Court Cr.Misc. No.50167 of 2018(2) dt.14-08-2018 2/2 06.07.2018 (Annexure-3). Petitioner is a man of clean antecedent and is in custody since 06.12.2017. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, 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 Additional District & Sessions Judge, 1st Supaul in connection with POCSO Case No. 17 of 2017 arising out of Raghopur P.S. Case No. 125 of 2017. (Arvind Srivastava, J) mcv/-Sanjeev U T