Md. Mozammil @ Masoom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54868 of 2023 Arising Out of PS. Case No.-401 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== Md. Mozammil @ Masoom S/O Md. Shakeel Ahmad @ Shakeel Ahmed @ Toni Mian R/O Mohalla- Old Karimganj, Transformer Gali, Gali No. 5, Road No. 1, Ps. Civil Line, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tabish Sharfuddin For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 504, 354 and 506 of the Indian Penal Code and Sections 7 and 8 of the POCSO Act.

3. The allegation against the petitioner is of assaulting and outraging the modesty to the daughter of the informant, when she used to go tuition class.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is no any complaint regarding sexual abuse/assault to the victim

Patna High Court CR. MISC. No.54868 of 2023(3) dt.08-11-2023 2/2 against the petitioner. The petitioner has been implicated in this case because he was pressurizing the informant on behalf of her cousin sister namely Shazia Madam to pay the tuition fees which the informant has not paid for the last three months due to which petitioner has been falsely implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Civil Line P.S. Case No. 401 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T