Md. Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69211 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

Md. Abbas, Son of Late Chhotan, Resident of Village-Parora, P.S.- Khodawandpur (Chhorahi O.P.), District-Begusarai. 2.

Md. Ajeem Son of Late Mohid Resident of Village-Parora, P.S.- Khodawandpur (Chhorahi O.P.), District-Begusarai. 3.

Md. Vasir Son of Late Mohid Resident of Village-Parora, P.S.- Khodawandpur (Chhorahi O.P.), District-Begusarai. 4.

Md. Rashid Son of Late Mohid Resident of Village-Parora, P.S.- Khodawandpur (Chhorahi O.P.), District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2019 This is an application for grant of anticipatory bail in connection with POCSO Case No. 17 of 2019 arising out of Khodawandpur (Chhorahi) P.S. Case No. 43 of 2019, disclosing offences under Sections 120B, 323, 307, 380, 406, 376, 498A, 504 of the Indian Penal Code and 3/4 of POCSO Act. As per F.I.R. one of the accused has committed rape upon the daughter of the informant, due to which, she became pregnant. Later on, she has solemnized the marriage. So far these petitioners are concerned, there is allegation of assaulting her and trying to kill her.

Patna High Court CR. MISC. No.69211 of 2019(2) dt.14-11-2019 2/2 Submission of the learned counsel for the petitioners is that the petitioner no.1 is the distance relative of Md. Muzeem against whom there is allegation of rape and so far as other petitioners are concerned, they are brother of Md. Muzeem. There is no allegation of rape against all these persons. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge 1st cum Special Judge, POCSO Act, Begusarai in connection with POCSO Case No. 17 of 2019 arising out of Khodawandpur (Chhorahi) P.S. Case No. 43 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T