Md. Shoyeb @ Md. Shoyab Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49169 of 2023 Arising Out of PS. Case No.-15 Year-2022 Thana- MAHILA P.S. District- Araria ====================================================== MD. SHOYEB @ MD. SHOYAB AKHTAR Son of Tamijuddin @ Tamij Resident of Village - Sikatia, Ward No.- 4, P.S.- Jokihat, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-09-2023 1.
Heard learned counsel for the petitioner and learned APP for the State.
2.
Learned counsel for the petitioner seeks permission to file hard copy of the supplementary affidavit of which soft copy has been filed.
3.
Permission is granted.
4.
Let the Supplementary Affidavit be kept on record.
5.
Petitioner seeks regular bail in connection with Mahila P.S. Case No.15 of 2022 (corresponding to Special POCSO Case No.09 of 2022) dated 07.03.2022 registered for the offence/s punishable under Section/s 341, 342, 376(3) and 506 of the Indian Penal Code and Section 4 of the POCSO Act. 6.
This is second attempt of the petitioner for
Patna High Court CR. MISC. No.49169 of 2023(3) dt.01-09-2023 2/3 the relief of regular bail after his earlier attempt for the same relief was rejected by this Court vide order dated 05.04.2023 passed in Cr. Misc. No.39086 of 2022 preferred by this petitioner.
7. It is submitted by the learned counsel for the petitioner that petitioner has come again for the relief of regular bail mainly on the ground of liberty granted to him in his earlier rejection order and he was granted the liberty that he may renew his bail prayer after examination of the victim in his trial and the victim has been examined as PW-7 and most of the material witnesses have been examined and petitioner has been languishing in jail since 16.03.2022.
It is further submitted that the FIR was lodged after seven days of commission of the alleged occurrence while the victim informed her mother on the same day of the occurrence about the commission of the alleged offence, in actual the father of the petitioner and father of the informant are full brothers and residing on their Sikmi land and in between them there is a land dispute, and a panchayati was held in between them by Sarpanch in Gram Kutchery, in which the informant was held guilty and a fine of Rs.50/- was imposed upon him and thereafter with an intention to take revenge, the allegation of the FIR was falsely prepared.
Patna High Court CR. MISC. No.49169 of 2023(3) dt.01-09-2023 3/3 8.
Learned APP appearing for the State opposes the bail prayer.
9.
Considering the above submissions and mainly taking into account the petitioner's custody period and also the fact that as per above submission the material witnesses including the victim have been examined in the trial of the petitioner, so there is no chance of adverse effect to the prosecution's side, if the petitioner is enlarged on bail, in my opinion, in the said circumstances, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner namedabove be released on bail in connection with Mahila P.S. Case No.15 of 2022 (corresponding to Special POCSO Case No.09 of 2022) on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) sangam/- U