Ahmad Reza @ Ahmad Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51757 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- PAHARKATTA District- Kishanganj ====================================================== Ahmad Reza @ Ahmad Raja Son of Md. Abbas Resident of Vill- Masan Basti, Bagalbari, P.S.- Paharkatta District- Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Md. Jamaluddin Son of Late Sarfuddin Resident of Vill- Masan Basti, Bagalbari, P.S.- Paharkatta District- Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2024 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 02.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 302, 120B, 376D, 34 of the Indian Penal Code.

3. Initially the case was registered under Sections 302, 120B, 376D, 34 of the Indian Penal Code and Section 4/6 of the P.O.C.S.O. Act, but the police after investigation has submitted the charge-sheet under Section 306. The cognizance has been taken under Sections 376, 302 of the Indian Penal Code and Section 6 of the POCSO Act.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.51757 of 2024(2) dt.07-08-2024 2/2 petitioner is innocent and has not committed any offence. Petitioner is in custody since 09.03.2024.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. 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 Additional Sessions Judge-1st cum Special Judge, Kishanganj/concerned Court below in connection with Paharkatta P.S. Case No. 25 of 2024 subject to conditions that:- (i).

The petitioner will mark his attendance at the Kishanganj Town Police Station on every Sunday of each month. Any default in appearance at the Police Station will result in cancellation of bail bond of the petitioner.

(ii). The petitioner will not stay in the village during the pendency of the trial, and he will give an undertaking that he will not tamper with the evidence. Any default in the same will result in cancellation of the bail-bond of the petitioner. (Sandeep Kumar, J) Shishir/- U T