Md. Amzad Hussain @ Md. Amzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3477 of 2025 Arising Out of PS. Case No.-541 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Md. Amzad Hussain @ Md. Amzad S/O Md. Sattar @ Sattar @ Haidar Ali Resident of Village- Shekhpura, P.S- Ghosi, Distt.- Jehanabad. ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Ranju Devi W/O Bablu Mochi R/O Village- Shekhpura, P.S- Ghosi, Distt.- Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Md Ataul Haque For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2026 Heard the parties. The notice has been received by the brother of the opposite party no. 02 and accordingly, the service of notice is treated to be valid.

2. The instant appeal has been filed by the appellant against the order dated 13.05.2025 passed by learned District and Addl. Sessions Judge-VI-cum- Special Judge(POCSO), Jehanabad, whereby the prayer for bail of the appellant in connection with Special POCSO Case No. 22 of 2025 arising out of Ghoshi P.S. Case No. 541 of 2024 registered for the offence under Sections 137(2), 96 of the BNS and Section 3(1) (r)(s) of SC/ST Act, was rejected.

3. The allegation against the appellant is that his son

Patna High Court CR. APP (SJ) No.3477 of 2025(5) dt.02-04-2026 2/2 had eloped with the victim.

4. The appellant is in custody since 18.02.2025.

5. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. He further submits that the victim has also been recovered.

6. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellant.

7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal.

8. Accordingly, the appeal is allowed and order dated 13.05.2025, is hereby set aside.

9. Let the appellant be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special POCSO Case No. 22 of 2025 arising out of Ghoshi P.S. Case No. 541 of 2024.

(Sandeep Kumar, J) Vikas/- U