Md. Nakki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64624 of 2018 Arising Out of PS. Case No.-346 Year-2018 Thana- HAJIPUR DistrictVaishali ====================================================== Md. Nakki S/o Abdul Rashid Resident of Village/Mohalla-Rajendra More, Katra, P.S. Town, Distt.-Vaishali at Hajipur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Nawal Kishore Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 452, 380, 376, 511, 504, 506/34 of the Indian Penal Code and 8 of the POCSO Act registered in connection with Hajipur Town P.S. Case No. 346 of 2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact there was a love affairs between the petitioner and the so-called victim girl. It is submitted that the present F.I.R. has been instituted as the love affair was being opposed by the girt's parents. It is submitted that both parties are major and as such the offence under POCSO Act are not made out.

4. Learned APP on the basis of case diary has not pointed out any objective material against the petitioner. As a matter of fact in paragraph-62 of the case diary, the statement of the girl recorded under Section 164 Cr P.C. has been referred to in which a different version has been stated to the effect that her mother caught the petitioner at her home whereas in the F.I.R. she claims to have gone to the market at the time of occurrence. In paragraph-72 of the case diary (erroneously mentioned as paragraph-62), the informant stated that

Patna High Court Cr.Misc. No.64624 of 2018(4) dt.15-02-2019 2/2 she was not prepared for medical examination of her daughter.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge Ist, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 346 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T