Akbar Ahmad @ Md. Absar Ahmad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17712 of 2025 Arising Out of PS. Case No.-983 Year-2024 Thana- SHASTRINAGAR District- Patna ====================================================== Akbar Ahmad @ Md. Absar Ahmad Khan S/O Late Abudus Sattar Khan @ Sattar Khan R/O Village- Rupauli, P.S- Parbatta and Distt.- Khagria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X W/O Jamshed Alam R/V- Khijrsarai, P.S- Khijarsarai, Dist.- Gaya. At present Bailly Road, Mukhiya Ji ke Gali, Pillar No. 24, P.S- Shashtri Nagar, Distt.- Patna.

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

For the Petitioner/s :

Mr. P.N. Sahi, Sr. Advocate Mr. Shivendra Kumar Sinha, Advocate Mr. Ranjeet Patel, Advocate Mr. Avnish Kumar Singh, Advocate Mr. Divit Vinod, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Special (POCSO) Case No. 06 of 2025 arising out of Shashtri Nagar P.S. Case No. 983 of 2024, registered for the offences punishable under Sections 74, 352 and 351(2) of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act.

3. As per allegation, the petitioner sexually exploited the informant's daughter.

Patna High Court CR. MISC. No.17712 of 2025(3) dt.14-05-2025 2/3

4. Learned Senior counsel for the petitioner has submitted that the victim did not levelled any kind of allegation against the petitioner in her statement recorded under Section 183 of the B.N.S.S. The understanding of the child before recording her statement was tested by the learned Magistrate who jotted down her statement and it has been noted by the learned Magistrate "the girl child is very understanding. She understands all the question which is asked. She is answering it very (wisely) well. The statement is recorded in presence of her mother." Learned Senior Counsel has also submitted that the victim refused her medical examination and it was the reason that medical test has not been done. The petitioner is an old man of 65 years of age and he is under custody since 21.12.2024.

5. On the other hand, learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI-cum-Special Judge, POCSO, Patna in connection with Special (POCSO) Case No. 06 of 2025 arising out of Shashtri Nagar P.S. Case No. 983 of 2024, subject to the

Patna High Court CR. MISC. No.17712 of 2025(3) dt.14-05-2025 3/3 following 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) Neha/- U T