Rafi Ahamad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24448 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- BAGHA District- West Champaran ====================================================== RAFI AHAMAD Son of Samim Miyan @ Samin Miyan Resident of Village - Deurwa, P.S.- Bhairoganj, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 27.02.2018 in a case registered under section 377 of the Indian Penal Code and sections 4 and 6 of the POCSO Act.

Earlier prayer for bail of the petitioner was rejected on 23.05.2018. Petitioner has renewed his prayer placing reliance on the subsequent development of deposition of the victim boy which was recorded on 27.02.2019 before the court. Placing reliance on the same, it is stated that same supports injury which was sustained from wheels and not the petitioner. It is submitted that petitioner has wrongly been implicated in this case. Learned Addl. Public Prosecutor has opposed the prayer of bail stating that nature of the allegation against the

Patna High Court CR. MISC. No.24448 of 2019(2) dt.19-06-2019 2/2 petitioner is heinous.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge Ist-cum- Special Judge, Bettiah, West Champaran in Bagaha (Bhairoganj) P.S. Case no. 80/2018.

(Madhuresh Prasad, J) s.hassan/- U T