Afzal Sekh @ Md. Afzal @ Abjal @ Afzal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3352 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- MAHILA P.S. District- Araria ====================================================== Afzal Sekh @ Md. Afzal @ Abjal @ Afzal Son of Md. Bablu @ Md. Abid Under Guardianship of His Father Md. Bablu @ Md. Abid, Son of Late Faso, Both The Resident of Village - Gaira, W. No. 02, P.S. - Araria, District - Araria ... ... Appellant
Versus
1.
The State of Bihar 2.
Sajada Praveen Daughter of Md. Mustaque Resident of Village - Gaira, W. No.2, P.S. And District - Araria ... ... Respondents ====================================================== Appearance :
For the Appellant :
Mr. Nafisuzzoha, Adv.
For the Respondents :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 02-11-2023
1. Heard the parties.
2. This is an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 against refusal of the prayer for bail to the appellant by order dated 28.06.2023 passed by the Additional Sessions Judge-Icum-Special Judge, Araria in connection with Special Case (Child) No. 06 of 2023 arising out of Araria Mahila P.S. Case No. 61 of 2022.
3. Submission of learned counsel for the appellant is that the appellant is innocent and has falsely been implicated in the present case. Further submission is that the victim girl
Patna High Court CR. APP (SJ) No.3352 of 2023 dt.02-11-2023 2/2 was medically examined and the doctor found her age in between 17 to 18 years. The appellant is being student having bright future and he has been languishing in remand home since 28.02.2023.
4. The report of the Probation Officer suggests that the appellant needs proper guidance and counselling for his better future.
5. Having considered the submissions advanced on behalf of the parties and the materials available on record, this Court is inclined to grant the privilege of bail to the appellant. Accordingly, the appellant, above named, be enlarged on bail on execution of surety bond by the father of the appellant giving undertaking that he will keep proper care and upkeep of the appellant and will fully co-operate in the pending enquiry/trial.
6. The appeal stands disposed of.
(Arvind Srivastava, J) utkarsh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.11.2023 Transmission Date 07.11.2023