Md. Shahdab @ Shahdab @ Md. Shadab Alam @ Shadab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85208 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- MAHILA P.S. District- Araria ====================================================== Md. Shahdab @ Shahdab @ Md. Shadab Alam @ Shadab S/o- Md. Ekbal @ Md. Iqbal Resident of village-Jhamta ,Ward no 4 , P.S-Tarabari, Distt.-- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Aiyub Son of Late Serajuddin Resident of village-Jharmta Tola, Metan, Ward no- 02, P.S-Tarabari, Distt.- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra Mishra, Adv Md. Nurul Hoda, Adv For the Informant :

Mr. Umesh Kumar Gupta, Adv For the State :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 07-05-2025 Heard learned Counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 22 of 2024 registered for the offences punishable u/s 376 and 506 read with Section 34 of the I.P.C. and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner forcefully dragged the victim girl into the filed and had raped her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.85208 of 2024(6) dt.07-05-2025 2/2 this case. Learned counsel has referred to the medical report, which also suggested that there is no evidence of any sexual assault on the victim girl and also the fact that the age of the victim girl is between 18-22 years. It is further submitted that during the course of trial, the victim girl herself and also the informant have not supported the prosecution case. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 10.09.2024.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for bail.

6. Considering the aforesaid submissions of the parties and also taking into consideration the medical report as well as the depositions in the trial given by the informant and the victim girl, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria, in connection with Mahila P.S. Case No. 22 of 2024.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T