Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42492 of 2024 Arising Out of PS. Case No.-467 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Md. Akbar S/O Md. Ibrahim R/O Village Islampur, W. No. 1, P.S. Parbatta (MARAIYA), Distt-Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tarana Khatoon D/O. Md. Kiyam R/o Vill.-Islampur, Ward No.-1, P.S.- Maraiya (Parbatta), P.O.-Pipralatif, Distt.-Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisu Zzoha, Advocate For the State :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parbatta (Maraiya) P.S. Case No. 467 of 2023 registered for the offence punishable under Sections 376 and 313/34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. From the reading of the F.I.R., it appears that it is a case of consensual sex. The petitioner has no criminal antecedent. The petitioner is in custody since 13.02.2024.

4. Learned counsel appearing on behalf of the Informant has vehemently opposed the prayer for bail.

5. Considering the period of custody and also the fact

Patna High Court CR. MISC. No.42492 of 2024(2) dt.19-07-2024 2/2 that the petitioner has clean antecedents, 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 VIcum- Special Judge, POCSO, Khagaria in connection with Parbatta (Maraiya) P.S. Case No. 467/2023.

(Sandeep Kumar, J) P. Kumar U T