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Patna High CourtCR. MISC./64879/2019allowed

Md. Salauddin v. The State Of Bihar

2019-10-24Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64879 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- MAHILA PS District- Khagaria ====================================================== MD. SALAUDDIN S/o Md. Tahir Resident of Village- Tarouna, P.S.- Beldaur, District- Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mahila P.S. Case No. 33 of 2019/ G.R. No. 2004 of 2019 for the offence under Sections 341, 323, 354(A), 504 and 506 of the Indian Penal Code and Section 8 of the POCSO Act. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 30.06.2019 whereas the complaint has been filed on 12.07.2019 after lapse of almost eleven days without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the

Patna High Court CR. MISC. No.64879 of 2019(2) dt.24-10-2019 2/2 parties have compromised their case by way of filing compromise petition, which is evident from Annexure-2. The petitioner is rotting in custody since 19.09.2019. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st, Khagaria, in connection with Mahila P.S. Case No. 33 of 2019/ G.R. No.2004 of 2019.

(Arvind Srivastava, J) brajesh/- U T