Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69872 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- AMAUR District- Purnia ====================================================== Md. Sabir Son of late Md. Jamaluddin Resident of Village-Sahariya, P.S.- Rauta, District- Purnea. At Present resident of Village-Simalbari, P.S.- Amour, District.- Punrea.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vikramdeo Singh Mr. Sada Nand Roy Mr. Pawan Kumar Singh, Advocates For the Opposite Party :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-06-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Special Case No. 16 of 2019 arising out of Amour P.S. Case No. 28 of 2019 for the offence under Section 376 of the Indian Penal Code and Sections 4, 6 and 12 of the Protection of Child from Sexual Offence (POCSO) Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 19.03.2019. It is submitted that allegation against the petitioner is false and fabricated one and no offence under Section 376 of the IPC and Sections 4, 6 and12 of the POCSO

Patna High Court CR. MISC. No.69872 of 2019(4) dt.03-06-2020 2/2 Act is made out.

Considering the fact that there is specific allegation against the petitioner, the Court is not inclined to grant bail to him. The application is dismissed.

However, the Court grants six months' time to the trial court to conclude the trial on day-to-day basis failing which the petitioner shall be at liberty to renew his prayer. (Anil Kumar Upadhyay, J) BT/- U T