Md. Shayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31020 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- DAGARUA District- Purnia ====================================================== MD. SHAYAK Son of md. Mumtaj @ Mymtaj, Resident of Village - Gehuwa, P.S. - Dagarua, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dagarua P.S. Case No. 04 of 2022 lodged under Sections 341, 323, 376, 504 and 506/34 of the Indian Penal Code and Section 3⁄4 POCSO Act.

As per prosecution, allegation against the petitioner to commit rape with the daughter of the informant. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel further submits that petitioner and informant are husband and wife, due to petty issue this case has been filed and during

Patna High Court CR. MISC. No.31020 of 2022(2) dt.05-12-2022 2/2 investigation police has found there is no material under section 376 of I.P.C. is available in this case. Counsel further submits that petitioner is in custody since 21.01.2022 and there is one criminal case pending against the petitioner in which he is on bail. Counsel further submits that charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-cum-Special Judge (POCSO), Purnea in connection with Dagarua P.S. Case No. 04 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T