Kausar Jamal @ Kausar Alam @ Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57486 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -MAHILA PS District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Kausar Jamal @ Kausar Alam @ Alam, S/o Jamil Ahmad,

2. Mashir Alam S/o Nasi Alam, Both are R/o Village- Adhakaparia, P.S.- Ramgarhwa, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners as well as learned APP for the State.

Petitioners, already in custody, seek bail in connection with Mahila P.S. Case No.57 of 2016, registered under Sections 341/342376/34 of the Indian Penal Code as well as under Sections 3, 4 and 6 of the POCSO Act.

Learned counsel for the petitioners submits that the specific allegation of committing rape is against one Arman Alam and not against these two petitioners, moreover the case was lodged after five days of the alleged occurrence, in medical examination there is no any positive result regarding rape and the petitioners have been in custody since 17.10.2017 having no criminal antecedent.

Having considered the said facts and circumstances,

Patna High Court Cr.Misc. No.57486 of 2017 (2) dt.12-12-2017 2 /2 let petitioners, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO) Act, Motihari (East Champaran) in connection with Mahila P.S. Case No.57 of 2016. (Arun Kumar, J.) S.Kumar/- U T