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Patna High CourtCR. MISC./29913/2019bail granted

Md. Atikul Mansoori v. The State Of Bihar

2019-08-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29913 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- PARIHAR District- Sitamarhi ====================================================== Md. Atikul Mansoori Son of Md. Moti Mansoori Resident of Village- Parihar Tole, Jhapha, P.S.- Parihar, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Sinha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376, 323, 504, 506/34 of the Indian Penal Code read with Section-4/6 of the POCSO Act.

Allegation against the petitioner is of committing rape upon the minor daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-03-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The victim was examined by the Medical Officer. As per medical report, it could not be

Patna High Court CR. MISC. No.29913 of 2019(3) dt.27-08-2019 2/2 ascertained as to whether the victim was subjected to commission of rape or not. The medical report of the doctor is part of the case diary.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist, Sitamarhi in connection with Parihar P.S. Case No. 17 of 2019.

(Sudhir Singh, J) A.K.V.//- U T