Md. Hasibullah Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60367 of 2021 Arising Out of PS. Case No.-253 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== MD. HASIBULLAH ANSARI Son of Late Ibrahim Miyan Resident of Village- Jagdishpur Bharti Tola, P.S.- Jagdishpur, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Milind Kumar Mishra For the Opposite Party/s :
Mr.Manoj Kumar Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2022 Heard learned counsel for the petitioner, the State and the informant.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 354A and some other allied Sections of the Indian Penal Code and u/s 8, 12 of POCSO Act.
As per the prosecution case, son of this petitioner entered into house of the informant and tried to make illicit relation with her forcibly. It is further alleged that when the victim and her neighbour told this petitioner about the occurrence he became angry and started abusing the victim. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.60367 of 2021(2) dt.11-02-2022 2/2 case. It is submitted that the alleged occurrence took place on 06.07.2021 but the FIR has been lodged on 14.07.2021 without any explanation for such delay. It is next submitted that the thrust of accusation is against son of this petitioner, who tried to make physical relation with the victim forcibly. No specific overt act has been alleged against this petitioner. Petitioner is in custody since 09.08.2021 and investigation in this case is complete.
Learned counsel appearing for the State and the informant opposed the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Sessions Judge-VI-cum- Special Judge, POCSO Act, West Champaran, Bettiah in connection with Nautan (Jagdishpur) PS case No.253/2021. (Prabhat Kumar Singh, J) BKS/- U T