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Patna High CourtCR. MISC./66012/2022allowed

Md. Tabrej v. The State Of Bihar

2023-02-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66012 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== Md. Tabrej S/O Md. Mustafa @ Luchan R/V- Rahmaniganj, P.S.- Kajraily, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 366(A), 504, 506/34 of the Indian Penal Code and Sections 4/8 of the POCSO Act.

The prosecution case as per F.I.R is that minor daughter of the informant aged about 14 years was taken away by the petitioner after inducing her and he concealed her in his house by keeping her there. When the informant tried to meet her then other accused persons who were relatives of the

Patna High Court CR. MISC. No.66012 of 2022(2) dt.27-02-2023 2/3 petitioner abused and assaulted the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim has been recovered and during trial the victim has deposed before the Trial Court which has been annexed as Annexure-3 to the petition that the petitioner had not kidnapped her and due to some misconception, her mother had filed case against the petitioner. The petitioner is languishing in custody since 08.03.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, 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 Exclusive Special Judge-POCSOcum- Additional District & Sessions Judge-VI, Bhagalpur in connection with Kajraili P.S. Case No. 10

Patna High Court CR. MISC. No.66012 of 2022(2) dt.27-02-2023 3/3 of 2022 (POCSO Case No. 30 of 2022).

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