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Patna High CourtCR. MISC./29660/2024bail granted

Md. Adil v. The State Of Bihar

2024-07-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29660 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- GAMAHARIYA District- Madhepura ====================================================== Md. Adil Son of Md. Mumtaz Resident of Village- Chhapki Parari Laxmi Sagar Padri, Police Staton- Darbhanga, Dist.- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Gopal Ram Son of Late Boku Ram Resident of Village- Gamhariya, P.S.- Gamhariya, Dist.- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawal Kishor Prasad For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks regular bail in connection with Gamhariya P.S. Case No. 202 of 2023 (Corresponding to POCSO Case No. 5/2024) dated 07.11.2023, registered under Section 365 of the Indian Penal Code but after investigation, police has submitted charge-sheet under section 366A of the Indian Penal Code and section 8 of the POCSO Act. 3.

As per the prosecution case, the victim is said to have married to one Santosh Kumar Ram @ Iqbal. The victim has been recovered from the house of the petitioner. 4.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.29660 of 2024(4) dt.31-07-2024 2/2 the petitioner is innocent and has committed no offence. There is a delay of 8 days in lodging the F.I.R. As per medical report, there is no sign of sexual assault as stated in para 17 of the petition. The petitioner has no criminal antecedent and he is in custody since 16.11.2023.

5.

Learned A.P.P. for the State has opposed the prayer for bail.

6.

Considering the facts and circumstances of the case and also period of custody, this bail application is allowed. 7.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-VI cum Special Judge, POCSO Act, Madhepura in connection with Gamhariya P.S. Case No. 202 of 2023 (Corresponding to POCSO Case No. 5/2024).

(Sandeep Kumar, J) Ranjeet/- U T