Md. Ali v. The State Of Bihar

Patna High Court Cr.Misc. No.61129 of 2017 (3) dt.24-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61129 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -PARIHAR District- SITAMARHI ====================================================== Md. Ali, S/o Late Md. Fekan, Resident of Village- Jagdar, P.S.- Parihar, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar For the Opposite Party : Md. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-01-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Parihar PS Case No. 119 of 2017 registered under Section 376 of the IPC and Section 4/6 of the POCSO Act.

The allegation in brief is that the prosecutrix was raped by the petitioner in sugarcane field.

Learned Counsel for the petitioner submits that the petitioner is co-villager and marriage negotiation failed and therefore falsely implicated in this case. The case was lodged after delay of one day and no sign of rape was found in the medical report. The girl's age was assessed by the Medical Board in between 18 - 19 years and the police has submitted charge-sheet in this case. Having considered the said facts and circumstances, the petitioner, namely, Md. Ali is directed to 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 Additional Sessions Judge lst cum Special Judge, Sitamarhi in connection with Parihar PS Case No. 119 of 2017.

Snkumar/- (Arun Kumar, J.) U T