Md. Sarwar @ Md. Sharwar @ Md. Sarver v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68924 of 2018 Arising Out of PS. Case No.-262 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== MD. SARWAR @ MD. SHARWAR @ MD. SARVER Son of Md. Abbas, Resident of Village - Barauni Flag, Ward No. 12, P.S. Teghra, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Fahimuddin For the Opposite Party/s :

Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in POCSO Case No.67/2018 arising out of Teghra P.S Case No.67/2018 registered for the offence punishable under Sections 354/354(A)/504/34 of the Indian Penal Code and Section 7/8 of POCSO Act. Informant is the mother of the victim who in her written complaint has alleged that when her minor daughter used to go to school, petitioner indulged in filthy activity and outraged the modesty of his minor daughter but even after complaint being made to her parents, he did not refrain from such activity.

It has been submitted on behalf of the petitioner that both are neighbours and on account of dispute of flow of water

Patna High Court Cr.Misc. No.68924 of 2018(2) dt.04-12-2018 2/2 from the lane, he has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since 03.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1-cum-Special Judge, POCSO Act, Begusarai in connection with POCSO Case No.67/2018 arising out of Teghra P.S. Case No.262/2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(S. Kumar, J) Sanjay/- U T