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Patna High CourtCR. MISC./19192/2023allowed

Md Sahid v. The State Of Bihar

2023-06-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19192 of 2023 Arising Out of PS. Case No.-388 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== Md Sahid Son Of Late Md. Farukh Resident Of Village- Khanmirza Nimtal. Ps- Sultanganj Distt- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guriya Parveen D/O Md. Rasid Khan Resident Of Village- Khanmirza Nimtal. Ps- Sultanganj Distt- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

It is alleged against the petitioner that he lured the minor daughter of the informant aged about 13 years to his house and committed rape on her. He also threatened the victim not to disclose the matter to anyone.

Patna High Court CR. MISC. No.19192 of 2023(3) dt.24-06-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim girl in her 164 Cr.P.C statement has not alleged any sexual assault against the petitioner. The petitioner is languishing in custody since 26.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Exclusive Special Court (POCSO Act), Patna in connection with Special Case No. 47 of 2023, arising out of Sultanganj P.S. Case No. 388 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T