Mansoor Khan @ Md. Mansoor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28934 of 2020 Arising Out of PS. Case No.-212 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== MANSOOR KHAN @ MD. MANSOOR S/o Noorhasan Resident at P.M.C.H. Quarter No. 22, Block- C, P.S.- Pirbahor, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr.Raj Kishore Prasad, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel appearing for the petitioner and Shri Mukesh Kumar Singh, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Pirbahor P.S. Case No. 212 of 2020 for the offence punishable under Sections 341, 323, 504, 506, 305(D)/34 of the Indian Penal Code.
The allegation is regarding the petitioner being in the habit of stalking the minor victim who is also the informant of the case on a regular basis. It has also been alleged by the
Patna High Court CR. MISC. No.28934 of 2020(3) dt.17-12-2020 2/3 informant that the petitioner used to torture her by making obscene and vulgar comments. It is further alleged that on 19.05.2020 the aforesaid conduct of the petitioner had led to an altercation whereupon the petitioner along with his brother had abused and assaulted the mother of the victim girl. The learned senior counsel for the petitioner Shri N.K. Agrawal has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 23.05.2020. It is further submitted that the petitioner is ready to abide by such terms and conditions as may be deemed fit and proper to be imposed for the purposes of grant of bail. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, this Court deems it fit and proper to grant the privilege of regular bail to the petitioner herein, however, subject to certain conditions.
Accordingly, the petitioner, above named, is directed to
Patna High Court CR. MISC. No.28934 of 2020(3) dt.17-12-2020 3/3 be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, POCSO, Patna in connection with Pirbahor P.S. Case No. 212 of 2020. It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T