Md. Nishar @ Nishar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1009 of 2022 Arising Out of PS. Case No.-253 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== Md. Nishar @ Nishar Son Of Md. Arshad Resident Of Village- Kainjri, P.S.- Beldaur, District- Khagaria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 354D, 493 and other ancillary sections of the Indian Penal Code, sections 3⁄4 of the POCSO Act.

Learned counsel for the petitioner submits that though there is allegation against the petitioner that on the pretext of marriage he committed penetrating sexual assault on the victim/ informant but in the statement recorded under section 164 Cr. P. C. she has denied the allegation and has stated that she has solemnized marriage with some other person. Petitioner has got no criminal antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above

Patna High Court CR. MISC. No.1009 of 2022(2) dt.21-07-2022 2/2 be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge VI cum Special Judge, POCSO Act, Khagaria in Beldaur Police Station Case No. 253 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T