Md. Mansoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68850 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== MD. MANSOOR Son of Jalauddin @ Jalauddin Resident of Village - Safipur (Safepur), Dimhiya, Ward No.5, P.S.- Araria, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special (POCSO) Case No. 48 of 2019 arising out of Araria Mahila P.S. Case no. 92 of 2019 for the offence punishable under Sections 376, 34 of the Indian Penal Code and under Section 4 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 F.I.R. has been lodged on 16.08.2019 after lapse of almost six months from the date of occurrence without explaining the plausible delay which creates doubt over the prosecution

Patna High Court CR. MISC. No.68850 of 2019(2) dt.27-11-2019 2/2 version. Moreover, the victim is a major girl and the petitioner has falsely been implicated in this case only to put pressure on the petitioner to perform marriage with the victim. Hence, the petitioner may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions -cum- Special Judge, Araria in connection with Special (POCSO) Case No. 48 of 2019 arising out of Araria Mahila P.S. Case No. 92 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) brajesh/- U T