Md. Pun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30313 of 2021 Arising Out of PS. Case No.-400 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Pun Son of Bahroo @ Altaf @ Md Nasu Resident of Village- Bhusunda, Rentor of Feku, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kr. Sinha For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

17-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Mufassil P.S. Case No. 400 of 2018, registered for the offence under Sections 342, 354(A) and 354(D) of the Indian Penal Code, Section 3(1)(W) (I) of SC / ST Act and Sections 8 / 12 of POCSO Act. As per the prosecution case, this petitioner is alleged to have tried to outrage the modesty of minor daughter of the informant.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. FIR has been lodged after much delay. Petitioner has got clean antecedent and he is in custody since 06.09.2020. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.30313 of 2021(2) dt.17-08-2021 2/2 Learned A.P.P. for the State has opposed the bail petition and submitted that the victim girl in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case.

Considering the nature of allegation, period of custody and the fact that petitioner has got clean antecedent, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned A.D.J.-VI cum Special Judge, POCSO, Gaya in connection with Mufassil P.S. Case No. 400 of 2018, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T