Md. Karim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31785 of 2018 Arising Out of PS. Case No.-20 Year-2017 Thana- MAHILA P.S. District- Purnia ====================================================== MD. KARIM, Son of Md. Insul, Resident of Village- Nirpur, Police StationDhamdaha, District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Adv, Mr. Dilip Kumar, Adv and Mr. Ajay Kumar Tiwary, Adv For the Opposite Party no.2:

Mr. Amit Kumar Anand, Adv & Mr. Kumar Manglam, Adv For the State :

Mr. A.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Special Case No. 71 of 2017, CIS 626/2017 arising out of Mahila P.S. Case No. 20 of 2017 registered for the offence punishable under Sections 367 and 420 of the Indian Penal Code and POCSO Act Informant is the victim herself who in her written complaint has stated that on 02.05.2017 when her mother had gone outside to earn livelihood and she was alone in her house, petitioner came and committed rape upon her. However, the father of the petitioner before the co-villagers assured that he will solmenize the marriage of petitioner with the informant but

Patna High Court Cr.Misc. No.31785 of 2018(4) dt.13-08-2018 2/2 later on denied. The informant was examined by the medical board in which no sexual assault or any type of injury has been found on the person of the informant.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 24.01.2018.

Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge (POCSO), in connection with Special Case No. 71 of 2017, CIS 626/2017 arising out of Mahila P.S. Case No. 20 of 2017. (S. Kumar, J) ranjan/- U