Patna High CourtCR. MISC./22528/2023bail granted

Md. Danish @ Md. Danish Iqbal v. The State Of Bihar

2023-08-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22528 of 2023 Arising Out of PS. Case No.-451 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== MD. DANISH @ MD. DANISH IQBAL Son of Md. Nazre Alam Resident of village and P.O.-Nanpur (Uttari), P.S. Nanpur, District-Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashhar Mustafa For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Nanpur P.S. Case No. 451 of 2022 registered for the offence under Sections 341, 323, 379, 354, 376, 504 and 506 read with Section 34 of the Indian Penal Code and under Section 8 of POCSO Act.

4. As per the prosecution, the petitioner is said to have committed rape upon a minor girl, though, in the medical examination the girl has been found to be major.

5. Learned counsel for the petitioner submits that in the medical examination report, there is no sign of internal or external injury.

Patna High Court CR. MISC. No.22528 of 2023(3) dt.04-08-2023 2/2

6. Learned counsel for the petitioner further submits that the petitioner is a qualified engineer and was working from home and his presence cannot be found in the P.O. village as his work place is 8 Kms. away from his village and the petitioner has filed an application in the Court below for examination of the CDR.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts, this application for regular bail is allowed.

9. 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 Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi in connection with Nanpur P.S. Case No. 451 of 2022.

(Sandeep Kumar, J) Vikas/- U T