Md. Faiyaz @ Faiyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67675 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- JIRADEI District- Siwan ====================================================== MD. FAIYAZ @ FAIYAZ Son of Md. Sagir Resident of Village- Chandpali, P.S.- Ziradei, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nagendra Upadhyay For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the parties.
This application for regular bail arises out of Ziradei P.S. Case No. 91 of 2019, disclosing offences punishable under Sections 341,354/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.
The informant is a minor. She has alleged in the First Information Report that at the gate of School viz, Chhaju Singh High School, Bharthuigarh in the District of Siwan where she is studying, the petitioner and co-accused Inatakhab came in a motorcycle and attempted to outrage her modesty. The petitioner was caught by the teachers and students of the School, whereas the co-accused Inatakhab managed to escape.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.67675 of 2019(3) dt.18-12-2019 2/3 has submitted that co-accused Inatakhab has been allowed regular bail by the Court below. He has submitted, on instructions from his client, that the petitioner has deep remorse for the fact that he has been implicated with the allegation of nature as mentioned in the FIR and that the petitioner is ready to take up cleaning and sweeping work without any remuneration, two months as a good gesture, if he is granted regular bail by this Court.
Considering the above submission made on behalf of the petitioner and the nature of allegation made in the FIR, this application is allowed.
Let the petitioner above-named 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 the First Additional Sessions Judge-Cum-Special Judge, Siwan in Ziradei P.S. Case No. 91 of 2019.
The petitioner, as undertaken on his behalf, shall present himself within two days of his release on bail before the Principal of the School in question and abide by the direction to be issued by the Principal for cleaning and sweeping works in School.
A copy of the order will be required to be presented
Patna High Court CR. MISC. No.67675 of 2019(3) dt.18-12-2019 3/3 by the petitioner himself before the Principal at the time of his appearance before him. The Principal shall be at liberty to file an affidavit before this Court in the present matter, if the conduct of the petitioner is found wanting on any respect, for the said period of two months for this Court to consider whether bail so granted to the petitioner requires cancellation or not. (Chakradhari Sharan Singh, J) arun/- U