Sarfraz @ Md. Sarfraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9735 of 2018 Arising Out of PS.Case No. -694 Year- 2017 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Sarfraz @ Md. Sarfraz, S/o Kalim @ Reyaj, Resident of MohallaSamanpura, near Belal Masjid, Police Station-Shastrinagar, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 376/511 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

The allegation against the petitioner is of sexual assault to a six years old girl.

Submission is that due to some family dispute false allegation was leveled and subsequently the parties had entered into a compromise. Further submission is that neither the victim girl was examined by the police nor mother-in-law, who disclosed the occurrence to the informant, has been examined. Considering the entire facts, let the petitioner,

Patna High Court Cr.Misc. No.9735 of 2018 (3) dt.30-03-2018 P2/ above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Shastrinagar P.S. Case No.694 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T