Patna High CourtCR. MISC./39234/2020bail granted

Rustam v. The State Of Bihar

2021-01-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39234 of 2020 Arising Out of PS. Case No.-130 Year-2019 Thana- KHAGAUL District- Patna ====================================================== RUSTAM SON OF SAMSU ALIAS MD. SAMSU QURAISHI RESIDENT OF CHIK TOLI (BADI KHAGAUL), P.S. - KHAGAUL, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Yadav For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 92 of 2019 arising out of Khagaul P.S. Case No. 130 of 2019 for the offence registered under Sections 354 of the Indian Penal Code and Section 8 of the POCSO Act. The allegation is regarding the petitioner having molested the victim girl.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 28.05.2019. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.39234 of 2020(2) dt.12-01-2021 2/2 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Patna in connection with Special Case No. 92 of 2019 arising out of Khagaul P.S. Case No. 130 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T