Md Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47091 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- NIRMALI District- Supaul ====================================================== MD ALAM Son of Late Abdul Sattar Resident of Village - Balasingamoti (Ward No.05), P.S.- Nirmali, Dist.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 366A of the Indian Penal Code and section 8 of the POCSO Act. As per the prosecution case, the four named accused persons including the petitioner herein are stated to have misbehaved with the wife and minor daughter of the informant. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The daughter of the informant was examined by the doctor and as per the medical report her age is said to be approximately between 17-19 years. She is a major. It is further submitted that in her statement under section 164 Cr.P.C., the daughter of the informant has not supported the prosecution case and has stated

Patna High Court CR. MISC. No.47091 of 2021(3) dt.08-03-2022 2/2 that she would marry the petitioner soon. The petitioner is in custody since 2.6.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the statement of the daughter of the informant under section 164 Cr.P.C. and investigation in the case having concluded , the petitioner is directed to be enlarged on bail in connection with POCSO Case no. 32 of 2021 (arising out of Nirmali P.S. Case no. 87 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI - cum - Special Judge, POCSO Court, Supaul.

(Partha Sarthy, J) Spd/- U T