Mumtaj Miyan @ Mumtaj Sheikh @ Mumtaj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54701 of 2024 In CRIMINAL APPEAL (SJ) No.163 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- SAHODARA District- West Champaran ====================================================== Mumtaj Miyan @ Mumtaj Sheikh @ Mumtaj Alam S/o Late Saradin Miyan @ Serajdin R/o vill - Ratni, P.S. - Sahodara, Distt. - West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rajnish Kumar S/o Late Shambhu Paswan R/o vill - Bailsandi, P.S. - Gaunaha, Distt. - West Champaran Bettiah ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar For the Opposite Party/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Shodara P.S. Case No. 107 of 2023 for the offences punishable under Sections 377 of the IPC and Sections 3(i), (r), (s), 13(2)(v a) of the SC/ST POA Act and Section 4/6 POCSO Act.
3. As per allegation, on 27.08.2023, the informant's friend came to him and took him to his relative where both have taken wine and in drunken state, the informant's friend is alleged to do unnatural act with the informant and having made videography, circulated the same to the villagers of the informant.
Patna High Court CR. MISC. No.54701 of 2024(2) dt.02-08-2024 2/3
4. Learned counsel for the petitioner has submitted that the informant did not name this petitioner in his fardbeyan. He named only co-accused Md. Mamsad Alam. Later on, in his statement recorded under Section 164 of the CrPC, the informant added the name of the petitioner, by stating that the petitioner also committed the same immoral act with the informant. He has further submitted that the subsequent addition of the name of the petitioner in the statement of the alleged victim is nothing but an afterthought. He has also submitted that if the petitioner had been involved in the occurrence his name should have figured in the fardbeyan of the informant which has been recorded prior to the statement under Section 164 of the CrPC. The informant implicated the petitioner only after the alleged video clip became viral. The petitioner is a person of clean antecedent and is under custody since 10.11.2023.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned 7th Additional District and Sessions
Patna High Court CR. MISC. No.54701 of 2024(2) dt.02-08-2024 3/3 Judge-cum-Special Judge POCSO West Champaran at Bettiah in connection with Shodara P.S. Case No. 107 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) Nirmal/- U T