Aksar Husain @ Afsar Husain @ Aksar Hussain @ Afsar Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60668 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Aksar Husain @ Afsar Husain @ Aksar Hussain @ Afsar Hussain Son Of Mustafa Ansari Village- Pakhopali, Ps- Bhore, Dist- Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bhore P.S. Case No. 153 of 2023, lodged on 12.04.2023 under Sections 341, 323, 354, 354(B), 504, 506, 34 of the Indian Penal Code read with section 8/10 of the POCSO Act.
3. As per the prosecution case, FIR has been lodged against the present petitioner. The allegation against the petitioner is that he tried to outrage the modesty of the informant's daughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the antecedent of the petitioner is clean and he is in custody since 11.06.2023. Counsel further submits that husband of the informant and father of the petitioner are full brothers. Counsel also submits that the present criminal case has
Patna High Court CR. MISC. No.60668 of 2023(6) dt.27-02-2024 2/2 been filed under a deep rooted conspiracy due to the reason that husband of the informant has filed a probate case for the property of his father in which the father of the petitioner has filed objection and with a view to teach a lesson as well as to create pressure upon him, the present case has been filed in which the name of present petitioner has been involved so that his father may withdraw the objection filed in the probate.
5. Learned counsel for the petitioner submits that the charge-sheet and charge has already been framed in this case.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIcum-Special Judge POCSO, Gopalganj in connection with Bhore P.S. Case No. 153 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.
(Dr. Anshuman, J.) Divyansh/- U T