Guljar Khan @ Md. Guljar v. The State Of Bihar

Patna High Court Cr.Misc. No.44761 of 2016 (3) dt.02-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44761 of 2016 Arising Out of PS.Case No. -152 Year- 2016 Thana -JAMUI District- JAMUI ======================================================

1. Guljar Khan @ Md. Guljar son of Kamal Khan Resident of Village:- Thana Chock Jamui,P.S. and District-Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 02.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner and one other FIR named accused forcibly took the victim in their house and tried to outrage her modesty. The present case was registered under section 354(A) of the Indian Penal Code and sections 4, 7, 8 of the POCSO Act.

Submission on behalf of the petitioner is that section 354(A) of the Indian Penal Code is bailable offence and so far as sections 4, 7, 8 of the POCSO Act is concerned, application of the aforesaid sections appears to be doubtful because in medical examination, informant was found above 18 years of age.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge I, Jamui in

Patna High Court Cr.Misc. No.44761 of 2016 (3) dt.02-12-2016 Jamui P.S. Case no. 152/2016.

shahid (Hemant Kumar Srivastava,J) U T