Patna High CourtCR. MISC./41492/2019bail granted

Amir Suhail v. The State Of Bihar

2019-08-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41492 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- NARHATT District- Nawada ====================================================== AMIR SUHAIL Son of Md. Unus Resident of Village- Minapur, P.S.- Narhat, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in POCSO Case No. 15/2019, arising out of Narhat P.S. Case No. 50/2019, instituted for offence under Section(s) 377/511 of the Indian Penal Code read with Section 4/6 of POCSO Act.

It is alleged in the written report that this petitioner committed unnatural offence with the minor son of informant, aged about 10 years.

Statement of victim boy is available in case diary wherein he has supported allegation against this petitioner. In medical report doctor has opined that no definite opinion can be formed about unnatural sexual intercourse. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.41492 of 2019(3) dt.30-08-2019 2/2 compromise has taken place between the parties. Copy of compromise petition is annexed as Annexure-2. Petitioner is in custody since 26.02.2019. The petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned 1st Addl. Sessions Judge, Nawada-cum-Special Judge, Nawada, in connection with POCSO Case No. 15/2019, arising out of Narhat P.S. Case No. 50/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T