Md. Kohinur Alias Md Kohinoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4027 of 2021 Arising Out of PS. Case No.-09 Year-2020 Thana- MAHILA PS District- Katihar ====================================================== MD. KOHINUR ALIAS MD KOHINOOR SON OF LATE ILYASH RESIDENT OF VILLAGE GOBRAGHAT PO PHULHARA POLICE STATION MANSAHI, DISTRICT-KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.A.L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Mahila Police Station Case No. 09 of 2020, registered for the offence punishable under Section 354-B of the Indian Penal Code.

The allegation, as per the First Information Report, is that the petitioner tried to outrage the modesty of the grand daughter of the informant.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to the reason that a loan of Rs. 50,000/- was taken from the petitioner by the informant and when the petitioner demanded his money back,

Patna High Court CR. MISC. No.4027 of 2021(3) dt.08-04-2021 2/2 the present false case has been lodged against the petitioner. He next submits that from perusal of the impugned order, it appears that the statement of the victim girl was not recorded under Section 164 of the Code of Criminal Procedure, 1973. He next submits that the victim girl is aged about 26 years and the petitioner is aged about 52 years. He further submits that the petitioner is in custody since 03.07.2020 and charge sheet has been submitted against the petitioner, and as such, there is no chance of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record, the nature of allegation and the fact that the petitioner is in custody since 03.07.2020, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Mahila Police Station Case No. 09 of 2020.

Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √