Md. Istiyak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39322 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== MD. ISTIYAK Son of Md. Jainul Resident of Village- Kutubpur, P.S.- Muffasil, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No.23 of 2019/POCSO Case No.14 of 2019 registered under Sections 376 and 493 of the Indian Penal Code besides Sections 4, 6 and 8 of the POCSO Act. The accusation is that in the night of 07/08.05.2019, the informant was sleeping on the roof at her house. At about 02.00 A.M., the petitioner, who is her co-villager, entered into her house and took her in a room and tried to commit rape on her. In the meantime, the mother of the informant came to open the tea shop, then on hearing the sound, the petitioner started to

Patna High Court CR. MISC. No.39322 of 2019(2) dt.27-06-2019 2/3 flee away. Since before 2-3 months, the petitioner, on seeing the opportunity, used to come and make physical relation with the informant forcibly, alluring her to perform the marriage. On the alleged date of the occurrence, when the petitioner was seen at the house of the informant, the mother of the informant informed the villagers and arranged panchayati and the petitioner was asked to perform the marriage with the informant but the parents of the petitioner refused to perform the marriage of the informant with the petitioner.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that at the time of making attempt to commit rape on the informant, the mother of the informant, who was present, came but the petitioner was not apprehended by her. The present case was lodged after 2-3 months of the alleged occurrence. In the medical examination, the age of the informant has been assessed in between 17-19 years. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Kaushlesh Kumar Singh,

Patna High Court CR. MISC. No.39322 of 2019(2) dt.27-06-2019 3/3 Additional Sessions Judge-I, Khagaria-cum-Special Judge, POCSO Act, in connection with Mahila P.S. Case No.23 of 2019/POCSO Case No.14 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T