Patna High CourtCR. MISC./50628/2023allowed

Md. Tajmul @ Mohammad Tajmul v. The State Of Bihar

2023-09-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50628 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== MD. TAJMUL @ MOHAMMAD TAJMUL S/O MD. BASIR RESIDENT OF VILLAGE- RAMNAGAR, PS- GAIGHAT, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Masoom Alam For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 354B of the Indian Penal Code and Sections 4,6 and 8 of the POCSO Act.

3. The allegation against the petitioner is of outraging the modesty to the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the own step-father of the victim. There has been delay of 9 days in lodging the FIR. The statement of the victim recorded u/s 164 of the Cr.P.C. in which she stated that this petitioner only assaulted her. There is no

Patna High Court CR. MISC. No.50628 of 2023(4) dt.11-09-2023 2/2 complaint with regard to sexual abuse/misbehave against the petitioner to the victim girl. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Gaighat P.S. Case No. 36 of 2023.

(Sunil Kumar Panwar, J) arish/- U