Patna High CourtCR. MISC./55576/2024bail granted

Tamizuddin v. The State Of Bihar

2024-10-26Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55576 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- ALINAGAR District- Darbhanga ====================================================== 1.

Tamizuddin S/o- Late Abdul Hasan Village- Dhamsain Ps- Alinagar DistDarbhanga 2.

Abdul Kalam @ Md. Abul Kalam son of Late Abdul Aziz VillageDhamsain Ps- Alinagar Dist- Darbhanga 3.

Abdul Salam @ Abdus Salam son of Late Abdul Aziz Village- Dhamsain PsAlinagar Dist- Darbhanga 4.

Md. Imran @ Imran son of Late Abdul Aziz Village- Dhamsain Ps- Alinagar Dist- Darbhanga 5.

Md. Chand @ Md. Masleuddin son of Abdul Kalam Village- Dhamsain PsAlinagar Dist- Darbhanga 6.

Pravej @ Md. Md. Pravej son of Tamizuddin Village- Dhamsain PsAlinagar Dist- Darbhanga 7.

Jawed @ Md. Jawed son of Tamizuddin Village- Dhamsain Ps- Alinagar Dist- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar 2.

MD. RAFIK SON OF MD. JAINUL HAQUE RESIDENT OF VILLAGEDHAMSAIN, P.S.- ALINAGAR, DIST- DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Advocate.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-10-2024 Heard Mr. Nilendu Kumar Choudhary, learned counsel appearing on behalf of the petitioners and Mr. Jharkhandi Upadhyay, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Alinagar P.S. Case No. 38 of 2024 registered for the offence punishable under Sections 341, 323, 325, 307, 377 and

Patna High Court CR. MISC. No.55576 of 2024(3) dt.26-10-2024 2/3 504/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the grand son of the petitioner is said to have committed sexual wrong with the minor son of the informant.

4. Learned counsel appearing on behalf of the petitioners submitted that the specific allegation of committing sexual wrong with the minor son of the informant is against coaccused Obi @ Bauka who is the grand son of the petitioner no.1 and no allegation against the petitioners is made out being maternal grand father and other family members. The petitioners have clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made against the petitioners to be general and omnibus and specific allegation is against co-accused Obi @ Bauka, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, POCSO, Darbhanga in connection with Alinagar P.S.

Patna High Court CR. MISC. No.55576 of 2024(3) dt.26-10-2024 3/3 Case No. 38 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T