Samaul @ Md. Samaul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70398 of 2021 Arising Out of PS. Case No.-161 Year-2021 Thana- AMDABAD District- Katihar ====================================================== SAMAUL @ MD. SAMAUL S/o Md. Kalam R/o village- Purana Baida, P.S.- Amdabad, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Musowir, Advocate For the Opposite Party/s :
Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-05-2022 Heard learned counsel for the parties.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Amdabad P.S. Case No. 161 of 2021 registered under Sections 342, 377 and 506 of the Indian Penal Code and Section 4 of the POCSO Act.
The allegation in the FIR is that on 04.08.2021, the victim boy was playing in front of his house. It is further alleged that the petitioner came and took the son of the informant near the bamboo tree and committed unnatural sex. Later, son of the informant came to his house and narrated the entire story. Thereafter, the FIR was lodged and the petitioner came into judicial custody.
Patna High Court CR. MISC. No.70398 of 2021(2) dt.24-05-2022 2/2 The victim boy in his statement under Section 164 of the Cr.P.C. has supported the prosecution story. Considering the aforesaid facts and the nature of heinous crime that the petitioner is alleged to have committed on a minor boy, this Court is not inclined to grant any relief to him The bail application of the petitioner is hereby rejected.
(Rajiv Roy, J) Jagdish/- U T