Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69569 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== MD. CHAND Son of Md. Esrail @ Md. Ishrail Miyan Resident of Village - Mordiwa, P.S.- Samastipur Muffasil, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :Mr.Raja Ram Mishra For the Opposite Party/s :Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Samastipur Muffasil P.S. Case No. 16 of 2022, registered for the offenses punishable under Sections 447, 341, 385, 387, 509, 504, 506, and 34 of the IPC and Section 67(A), 67 (c) of I.T. Act, 2000 and Section 8, 10 and 12 of POCSO Act, 2012.

There is allegation against the petitioner that he was teasing the minor niece of informant Ranjeet Kumar and on protest the accused persons threatened the family members of the victim to kill. Whenever he saw the victim he displayed obscene gestures and on protest he fired shot by firearm.

Patna High Court CR. MISC. No.69569 of 2022(3) dt.18-04-2023 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent and he is under custody since 07.01.2022.

Considering the above mentioned facts and circumstances, especially the period of custody which is more than a year, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ADJ-VI-cum Special Judge POCSO, Samastipur in connection with Samastipur Muffasil P.S. Case No. 16 of 2022, subject to the following conditions:- (i) The petitioner shall make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) If it is reported that he is involved in similar type of occurrence, the learned court below shall cancel his bail bond.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T