Karme Alam @ Kamre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62646 of 2023 Arising Out of PS. Case No.-51 Year-2022 Thana- MAHILA PS District- East Champaran ====================================================== Karme Alam @ Kamre Alam Son Of Sheikh Kasmuddin @ Kasmuddin Resident Of Village - Ajgari, Chudiharwa Tola, Police Station - Banjaria, Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Wasi Akhtar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 511, 34 of the Indian Penal Code and Sections 6, 8, 11 of the POCSO Act.

It is alleged against the petitioner that he made an attempt to commit rape upon the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.62646 of 2023(4) dt.22-01-2024 2/3 been implicated in this case. For the alleged occurrence of 29.07.2022, F.I.R was registered on 25.08.2022 without explaining the delay. The victim in her 164 Cr.P.C has also not alleged any sexual assault by the petitioner upon her. The medical report also does not corroborate the case of the prosecution. The petitioner is languishing in custody since 03.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran

Patna High Court CR. MISC. No.62646 of 2023(4) dt.22-01-2024 3/3 at Motihari in connection with Mahila P.S. Case No. 51 of 2022.

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