Md. Momin Alam @ Md. Momin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34717 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- MAHILA P.S. District- Kishanganj ====================================================== MD. MOMIN ALAM @ MD. MOMIN Son of Md. Muzaffar Alam @ Banku @ Baingua Resident of Sikri, P.S.- Rageli, District- Morang (Nepal) (according to F.I.R.) at present Resident of Sikti, P.S.- Sikti, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of two weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 376, 354(B)/34 of the Indian Penal Code and Section-4 of POCSO Act.

Prosecution case in short is that when on 07-07-2020 at about 11.00 P.M., two accused persons came there at motorcycle and having shut the informant's mouth, they took away her to the school and committed rape upon her.

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

Patna High Court CR. MISC. No.34717 of 2020(2) dt.19-01-2021 2/2 petitioner is in custody since 09-07-2020. Charge sheet/Prosecution report in this case has already been submitted. The petitioner has been falsely implicated in the present case. The victim was examined by the Medical Officer. The medical report of the victim does not support the allegation, made in the FIR. As per medical report, the age of the victim has been assessed as 16-18 years. The victim in her statement recorded under Section 164 Cr.P.C. has not named the petitioner. 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 of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Ist-cum-Special Judge, Kishanganj in connection with Kishanganj (Mahila) P.S. Case No. 29 of 2020.

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