Md Majlum @ Majlum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23989 of 2020 Arising Out of PS. Case No.-239 Year-2019 Thana- DAGARUA District- Purnia ====================================================== Md Majlum alias Majlum aged about 32 years male Son of Late Mustafa resident of Village Bisanpur P.S. Dagarua, District Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2020 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Dr. Indiwar Kumari, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Dagarua P.S. Case No. 239 of 2019 giving rise to Special POCSO Case No. 95 of 2019 registered for the offence under Section 341 / 307 / 376 / 511 of the I.P.C. and Section 8 of the POCSO Act.

The allegation as per the First Information Report is that the daughter of the informant, aged about 07 years was caught hold by the petitioner, who pressed her neck and tried to commit rape upon her. It has further been alleged that when other persons arrived at the place of occurrence, the petitioner fled away from there.

Patna High Court CR. MISC. No.23989 of 2020(4) dt.24-11-2020 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to land dispute between the parties and village politics. Learned counsel further submits that during the course of investigation no cogent material has come against the petitioner and the statement of the victim girl under Section 161 of the Cr.P.C. was recorded in which she has only stated that her neck was caught hold by the petitioner and except this there is no allegation that the petitioner touched private body parts of the victim.

On the other hand, learned counsel for the State referring to the case diary submits that the victim girl has stated that petitioner pressed the neck of the victim girl and she was pushed down on the field by covering her mouth with hands. Having heard learned counsel for the parties and taking into consideration the materials available on record and the statement of the victim girl recorded under Section 161 of the Cr.P.C., I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.23989 of 2020(4) dt.24-11-2020 3/3 P.S. Case No. 239 of 2019 giving rise to Special (POCSO) Case No. 95 of 2019 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T