Md. Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59769 of 2019 Arising Out of PS. Case No.-380 Year-2019 Thana- ALAMGANJ District- Patna ====================================================== MD. GUDDU Son of Md. Ibrahim @ Md. Abrahim Resident of MohallaMogalpura, Foujdari Kuan P.S.-Patna City, District-Patna, at present residing at Mohalla-Doorukhi Gali, Sue Ki Masjid, rented house of Md. Rinku, P.S.- Khajekalan, District-Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Special Case No. 98/2019 arising out of Alamganj P.S. Case No. 380/2019 registered under Sections 363 of the Indian Penal Code and Section 12 of the POCSO Act. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. There are discrepancies in the statement recorded by police giving rise to the present F.I.R., there is previous enmity between the parties and only to harass the petitioner the present case has been lodged, however petitioner is in custody since 30.05.2019 and has no criminal antecedent.

Patna High Court CR. MISC. No.59769 of 2019(3) dt.27-11-2019 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioenr that there are discrepancies in the statement recorded by police giving rise to the present F.I.R. and the statement of the mother of the victim girl recorded under Section 164 Cr.P.C., there is no allegation against the petitioner of doing any wrong with the victim girl, further that he has been in custody since 30.05.2019, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st - cum - Special Judge, POCSO, Patna, in connection with Special Case No. 98/2019 arising out of Alamganj P.S. Case No.

380/2019, subject to the condition as laid down under Section 437(3) Cr.P.C.

Patna High Court CR. MISC. No.59769 of 2019(3) dt.27-11-2019 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T