Md. Sadab @ Md. Sadab Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72710 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- MAHILA PS District- Jehanabad ====================================================== Md. Sadab @ Md. Sadab Khan Son Of Md. Eltaf Alam @ Md. Eltaf Hussain R/O Village- Isopur, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Ranjan For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 354(B), 376, 366(A)/34 of the IPC and 4/8 of the POCSO Act. It is a case of attempt to rape and outrage the modesty of the victim by the petitioner along with co-accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The entire allegation is attributed to Md. Ejaj Khan, who is the main accused and the petitioner was sitting at the back while the victim was being taken to the hotel. It is also submitted that during trial, victim and her mother did not support the prosecution case, which is
Patna High Court CR. MISC. No.72710 of 2022(2) dt.20-03-2023 2/2 annexed as Annexure-2 of this petition. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 06.07.2022. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Arawal Mahila P.S. Case No. 13 of 2022 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-VI-cum-Special Judge (POSCO) Act, Jehanabad. (Sunil Kumar Panwar, J) Manish/- U T