Md. Akil Sheikh @ Md. Acquil Shekh @ Md. Akil Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48964 of 2024 Arising Out of PS. Case No.-191 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Md. Akil Sheikh @ Md. Acquil Shekh @ Md. Akil Ahmad Son of Md. Safi Alias Md. Safi Ahmad Resident of Vill- Parsa, P.S.- Bela, Distrcit- Sitamarhi. ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Ayesha Khatoon Wife of Md. Mubsir Resident of Vill- Parsa (Ward No. 2), P.S.- Bela, Distrcit- Sitamarhi, Pin Code- 843324. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parwej Khan, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 376, 354(B), 511/34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.
3. As per the prosecution case, this petitioner along with other accused person tried to commit rape with minor daughter of informant.
4. Learned counsel for the petitioner submits that specific accusation of sexual assault is against co-accused Aslam Sheikh and petitioner is only alleged to be present at the time of alleged occurrence. There is no allegation of sexual
Patna High Court CR. MISC. No.48964 of 2024(2) dt.27-08-2024 2/2 assault against the petitioner and he has got clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VIcum-Special Judge (POCSO Act), Sitamarhi in connection with Bela P. S. Case No. 191 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T