Mohammad Raja Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31407 of 2020 Arising Out of PS. Case No.-93 Year-2020 Thana- GORAUL District- Vaishali ====================================================== MOHAMMAD RAJA ALI S/o Shri Md. Sahmad Resident of VillageKailakala, P.S.-Goraul (Katahara O.P.), District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Advocate Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-01-2021 Heard Mr. Ajay Thakur, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with Goraul (Katahara O.P.) P.S. Case No. 93 of 2020 dated 08.03.2020 instituted for the offence under Sections 363, 366(A)/34 of the Indian Penal Code and Sections 8/10 of the POCSO Act.

The name of the petitioner though has been stated in the FIR but only on the basis of vague suspicion against many others of having kidnapped the victim. As the allegation in the FIR goes, the victim girl went to the market with many other named accused persons. She had some work in the local college. However when she did not return, her whereabouts was enquired from those persons who had accompanied her

Patna High Court CR. MISC. No.31407 of 2020(3) dt.15-01-2021 2/2 to the market. They did not give any satisfactory reply. On the basis of such evasive reply, the informant harbored a suspicion that perhaps his daughter has been kidnapped for immoral purposes.

Apart from naming the petitioner in the last paragraph of the FIR, no other material could be collected against the petitioner for the offence. The petitioner is in custody since 17.03.2020. The charge sheet against the petitioner has been submitted and investigation with respect to others is still continuing.

Regard being had to the paucity of materials justifying the accusation against the petitioner and taking into account his period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge I cum Special Judge POCSO Act, Hajipur in connection with Goraul (Katahara O.P.) P.S. Case No. 93 of 2020.

While saying so, this Court has taken note of the fact that one of the accused persons has been granted anticipatory bail.

(Ashutosh Kumar, J) krishna/- U T