Md. Tamanne v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74713 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- MAHILA PS District- Darbhanga ====================================================== Md. Tamanne S/O Md. Irfan Resident Of Village- Barhi, P.S.- Keoti, DistrictDarbhanga. ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Das, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 61 of 2022 lodged under Sections 376(2) (n) and 506 of the I.P.C. and Sections 4,6 of the POCSO Act. As per the prosecution case, the allegation of kidnapping and rape, is there in F.I.R.

Learned counsel for the petitioner submits chargesheet has been submitted in this case and from the charge-sheet POCSO has been removed. He submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 04.09.2022 having clean

Patna High Court CR. MISC. No.74713 of 2022(2) dt.25-03-2023 2/2 antecedent.

Learned counsel for the State opposes the prayer for bail and submits that from the bail order it transpires that statement under Section 161 and 164 have come against the petitioner.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

With this observation, the bail application stands rejected.

Liberty is hereby granted to the petitioner that he may renew his prayer for bail six months after framing of charge. (Dr. Anshuman, J.) ashishsingh/- U T