Patna High CourtCR. MISC./81801/2023allowed

Md. Barkat Ali v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81801 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Md. Barkat Ali S/O Md. Ali Village- Kaluahi, Ps. Kaluahi, Dist. Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 372 and 372 of the Indian Penal Code, Section 3/4 of the Immoral Traffic Prevention Act and Sections 6/8 of the POCSO Act.

3. As per FIR, police caught the petitioner with one victim girl, namely, Punam Kumari while they were crossing the border from Nepal side.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During investigation, statement of the victim was recorded under Section 164 of the Cr.P.C., in which she stated that she had got married with this

Patna High Court CR. MISC. No.81801 of 2023(2) dt.19-12-2023 2/2 petitioner out of her own sweet will. Similarly situated other coaccused person has already been granted bail by another coordinate Bench of this Court vide Anneuxre-3 of this petition. Moreover, the petitioner is languishing in judicial custody since 23.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laukaha P.S. Case No. 206 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 7th-cum-Special Judge, POCSO Court, Madhubani.

(Sunil Kumar Panwar, J) Shubham/- U T