Patna High CourtCR. MISC./57609/2018bail granted

Rasool Mian v. The State Of Bihar

2018-10-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57609 of 2018 Arising Out of PS.Case No. -299 Year- 2018 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rasool Mian S/o Late Sakur Mian, R/o Vill.- Barvat Sena, P.S.- Bettiah Muffasil, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Gupta For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Muffasil P.S. Case No. 299/2018, instituted for the offences under Section 377 of the Indian Penal Code read with Section 4 of POCSO Act. Learned counsel for the petitioner has submitted that it is alleged in the written report that this petitioner has committed unnatural act with minor son of informant. Statement of victim boy recorded under Section 164 Cr.P.C. is annexed as Annexure-2 to the bail petition, wherein he has stated that when he had gone to play an altercation took place with the son of Firoz. The victim boy has denied the occurrence.

Petitioner is in custody since 18.06.2018.

Patna High Court Cr.Misc. No.57609 of 2018 (2) dt.09-10-2018 2/2 Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions judge 1st-cum-Special Judge, POCSO Act, West Champaran, Bettiah in connection with Muffasil P.S. Case No. 299/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T