Md. Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19234 of 2022 Arising Out of PS. Case No.-82 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== 1.

Md. Mukhtar Son Of Md. Izhar R/O Village- Diwanganj Fulkahi, P.S.- Raghopur, District- Supaul 2.

Md. Samim @ Md. Sahim Alam Son Of Md. Matin R/O Village- Diwanganj Fulkahi, P.S.- Raghopur, District- Supaul 3.

Md. Gaffar Son Of Md. Isak R/O Village- Diwanganj Fulkahi, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Jha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 376, 376(D), 511, 506, 34 of the Indian Penal Code and Sections 8, 4/6 and 4/18 of the POCSO Act.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is specific

Patna High Court CR. MISC. No.19234 of 2022(2) dt.22-08-2022 2/2 allegation against co-accused Md. Jabbar. He submits that the statement of victim has been recorded under Section 161 and 164 of the Cr.P.C. in which she has not taken the name of the petitioners. He submits that after investigation, police has filed final form against the petitioners but the learned court below taken cognizance against them. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghopur P.S. Case No. 82 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T