Raziullah Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50322 of 2022 Arising Out of PS. Case No.-422 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== RAZIULLAH AHMAD Son of Shekh Rais R/V- Mitani Balua, Medraul, P.SGonaha, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 504, 506 and 354A/34 of the Indian Penal Code and Section 8/12 of the POCSO Act, registered in connection with Shikarpur P.S.Case No. 422 of 2022.
Original copy of the brief has been filed, which is kept on record.
As per allegation, when the daughter and niece of the
Patna High Court CR. MISC. No.50322 of 2022(2) dt.16-01-2023 2/3 informant went to watch a fair, the petitioner and his friend misbehaved and assaulted them.
The learned counsel for the petitioner has submitted that he is innocent. He is a person of clean antecedent and has falsely been implicated in this case. He has submitted further that both the parties have compromised the case. On the other hand, learned APP for the State has opposed the prayer for anticipatory bail and has submitted that the girls are minors.
Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII-cum-Spl. Judge (POCSO), West Champaran, Bettiah in connection with Shikarpur P.S.Case No. 422 of 2022, subject to the conditions as laid down under Section 438(2) Cr. P.C.
1. On commencement of trial, the petitioner shall appear on each and every date and if he fails to appear before the court below on two consecutive dates, his bail bond shall be liable to be cancelled.
2. If the petitioner is found
Patna High Court CR. MISC. No.50322 of 2022(2) dt.16-01-2023 3/3 involved in similar nature of case, the learned court below shall be at liberty to cancel his bail bond.
Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) HR/- U T