Sarfaraj @ Sarfaraj Quiraishi @ Md. Sarfaraj Quiraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2347 of 2022 Arising Out of PS. Case No.-18 Year-2018 Thana- BARH District- Patna ====================================================== SARFARAJ @ SARFARAJ QUIRAISHI @ MD. SARFARAJ QUIRAISHI S/o Safi Ahmad Quiraishi @ Ahmad Quiraishi R/o Mohalla- Mear, Ward No. 18, Barh, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 354B of the Indian Penal Code read with Section 8 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 17.10.2021, charge-sheet has been submitted in the case and has antecedent of one case. The informant, a minor girl, alleges that Riyaz Quiraishi used to talk to her sweetly on her way to school, accordingly acquaintance developed between them, further alleges that Riyaz Quiraishi intended to establish physical relation to which the informant objected that everything will happen after marriage, further informant became ready to marry but Riyaz Quiraishi and his family members including, the

Patna High Court CR. MISC. No.2347 of 2022(2) dt.25-05-2022 2/2 petitioner (brother of Riyaz Quiraishi), refused on the ground that marriage would be performed only when the dowry demand is fulfilled.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and from perusal of the allegation as alleged in the F.I.R. it would manifest that as far as the petitioner is concerned, it is alleged that he was also aware of the relationship of the informant with his brother Riyaz. It is further submitted that the informant has not alleged that the petitioner in any manner harmed her. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 17.10.2021, charge-sheet has been submitted in the case and in the nature of allegations as alleged, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barh P.S. Case No. 18 of 2018 [(Special (POCSO) Case No. 9A of 2018]. (Satyavrat Verma, J) Rishi/- U T