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Patna High CourtCR. MISC./24866/2019disposed

Afsar Ray @ Md. Afsar Rai v. The State Of Bihar

2019-05-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24866 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- TERHAGACHH District- Kishanganj ====================================================== AFSAR RAY @ MD. AFSAR RAI, Son of Md Taslim Ray @ Taslim Ray, Resident of Mohalla - Guna Chourasi, P.S.- Bahadurganj, District - Kishanganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-05-2019 Petitioner seeks bail in connection with Terhagachh P.S. Case No. 20 of 2019, giving rise to Special Case No. 47 of 2019, registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of POCSO Act. Allegation against the petitioner is of committing rape upon the daughter of the informant.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and even during trial six witnesses have been examined, including the victim girl and the informant and they have not supported the prosecution case and petitioner is in custody since 30.1.2019. Heard learned APP also.

In view of above facts and circumstances, this

Patna High Court CR. MISC. No.24866 of 2019(3) dt.22-05-2019 2/2 application is disposed of with a direction to learned trial court to verify the above submission of the petitioner and if it is found true, the petitioner shall be released on bail to its own satisfaction on the condition that he will co-operate in disposal of trial.

(Vinod Kumar Sinha, J) spal/- U T