Patna High CourtCR. MISC./43168/2023bail granted

Md. Firoz v. The State Of Bihar

2023-07-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43168 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Firoz Son Of Late Md Manjur Resident Of Village - Laruara, P.S. - Muffasil (Singhaul), Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case No. 20 of 2023 arising out of Begusarai Muffasil P.S. Case No. 14 of 2023 dated 08.01.2023 registered for the offences u/s 366A read with section 34 of the Indian Penal Code though the Charge has been submitted u/s 366A, 376/34 of the IPC and 4/8 of the POCSO Act.

4. As per the prosecution case, the petitioner and the

Patna High Court CR. MISC. No.43168 of 2023(2) dt.21-07-2023 2/3 co-accused person are alleged to have kidnapped the minor daughter of the informant.

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the Medical Board has assessed the age of the victim as 17-19 years. Learned counsel has further submitted that as per Medical Board, there is no evidence of sexual assault. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 25.05.2023 passed in Cr. Misc. No. 27216 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.01.2019.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with POCSO Case No. 20 of 2023 arising out of Begusarai Muffasil P.S. Case No. 14 of

Patna High Court CR. MISC. No.43168 of 2023(2) dt.21-07-2023 3/3 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T