Hazarat Ali @ Pardeshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72458 of 2022 Arising Out of PS. Case No.-190 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== HAZARAT ALI @ PARDESHI Son of Mazrul Haque @ Bhutta R/vJanerwa, P.S.- Banjaria, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 376, 385 and 120B of the Indian Penal Code, Sections 3/4 of the D.P. Act and Sections 4/6 of the POCSO Act.

3. The allegation against the petitioner along with other is of committing rape upon the informant on the point of pistol and threatened not to disclosed about the occurrence to anyone.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.72458 of 2022(6) dt.20-09-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. Both the parties are neighbours due to which there are bickering between both the parties. There is inordinate delay of two years in lodging of the FIR, without any cogent ground. The petitioner has no concern with the victim gil and never made physical relation with her. A supplementary affidavit has been filed on behalf of the petitioner by referring to the statement made in the para-2 that all the disputes were amicably settled and good sense has now been prevailed between the parties and then both the parties entered into compromise. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.10.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with

Patna High Court CR. MISC. No.72458 of 2022(6) dt.20-09-2023 3/3 Turkauliya P.S. Case No. 190 of 2021.

(Sunil Kumar Panwar, J) arish/- U