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Patna High CourtCR. MISC./24700/2023allowed

Md. Rasid @ Md. Rashid v. The State Of Bihar

2023-05-22Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24700 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- PIPRA District- Supaul ====================================================== MD. RASID @ MD. RASHID Son of Late Md. Tahir R/V- Dinapatti, PSPipra Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 354C, of the IPC and Section 4/12 of the POCSO Act and Sections 3(2)(r)(s)/3(2)(va) of SC/ST Act and U/s 67A of the IT Act.

As per FIR, it is alleged that the petitioner showed a video in that video it was showed that the co-accused person committed rape to the informant's niece. It is further alleged that the petitioner was also involved in this alleged

Patna High Court CR. MISC. No.24700 of 2023(2) dt.22-05-2023 2/3 occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no eye witness of the alleged occurrence. There is no specific allegation of commission of rape attributed against the petitioner rather the specific allegation is against co-accused, namely, Rajesh Mandal @ Raju Munshi. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra P.S. Case No. 296 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI-cum-Special Judge-

Patna High Court CR. MISC. No.24700 of 2023(2) dt.22-05-2023 3/3 Exclusive POCSO Court, Supaul.

(Sunil Kumar Panwar, J) Manishkumar/- U T