Munna Azam @ Md. Munna Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52813 of 2024 Arising Out of PS. Case No.-30 Year-2011 Thana- KHUDAGANJ District- Nalanda ====================================================== Munna Azam @ Md. Munna Azam, Son of Nawab Miyan @ Md. Nawab R/O Of Village- Mahmuda, P.S.- Khudaganj, Dist.- Nalanda ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jaibun Khatoon Wife Of Baban Rajak Village- Mahmuda, Ps- Khudaganj, Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Kumar, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 363 and 366(A)/34 of the Indian Penal Code later on Sections 372, 373, 376 and 120B/34 of the IPC, Sections 4/6 of the POCSO Act and Sections 3, 4, 5 and 6 of the Immoral Traffic Act have been added, registered in connection with Khudaganj P.S. Case No. 30 of 2011.

Patna High Court CR. MISC. No.52813 of 2024(3) dt.26-10-2024 2/3

3. As per allegation, co-accused Jasima Bano and Sanno Bano enticed away the minor daughter of the informant.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. He submitted that the petitioner is not named in the FIR and the case has been lodged in the year 2011 and petitioner was made accused after 13 years of the alleged occurrence. It is next submitted that the statement of the victim has been recorded after 13 years of the occurrence without explaining the reason of delay. He submitted that final form was submitted by the Investigating Authority and the petitioner was not sent up for trial. Petitioner is a person of clean antecedent and he is in custody since 04.04.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, 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 learned Special Judge-POCSO-cum-Additional Session Judge-7, Bihar Sharif, Nalanda in connection with Khudaganj P.S. Case No. 30 of 2011, subject to the condition that the petitioner shall co-

Patna High Court CR. MISC. No.52813 of 2024(3) dt.26-10-2024 3/3 operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T