Md. Ziyaul Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37810 of 2020 Arising Out of PS. Case No.-111 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== MD. ZIYAUL ISLAM S/o Md. Zubair Alam Resident of Village-Ajni, Ward No.08, P.S.-Khodwandpur, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sandip Kumar Gautam, Advocate For the State :

Mr. Choubey Jawahar, APP For the informant :

Mr. Shakil Ahmad Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 376, 504, 506, 34 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation is that the petitioner committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.06.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of paragraph Nos.43, 44 and

Patna High Court CR. MISC. No.37810 of 2020(3) dt.15-03-2021 2/2 45 of the case diary, it is evident that the present case has been instituted due to property dispute. The medical examination report of the victim does not support the allegations made in the F.I.R.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Special Judge, POCSO Act-cum-Additional Sessions Judge VI, Begusarai in connection with POCSO case No.19 of 2020 arising out of Khodawandpur P.S. case No.111 of 2020. (Sudhir Singh, J) Narendra/- U T