Md. Mosabbir @ Md. Mosowwer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81505 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- DAGARUA District- Purnia ====================================================== MD. MOSABBIR @ MD. MOSOWWER, aged about 26 years, Male, Son of Sakh Salim, Resident of Village - Ichalo Kariyat, P.S.- Dagarua, DistrictPurnea ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Nadimul Hasan, adv.
For the Opposite Party :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.
The petitioner seeks pre-arrest bail in connection with Dagarua P.S. Case No. 44 of 2019 (Special POCSO Case No. 22 o 2019), registered under Sections 376 of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act, 2012.
The accusation is that while the complainant/informant, aged about 16 years, was alone at her house before two months from 31.10.2018, at that time, her neighbour, Md. Mosabbir (petitioner) caught hold her and took her in the paddy house and committed rape. When she started weeping, the petitioner gave assurance to perform marriage. Thereafter, she narrated the incident to her parent and
Patna High Court CR. MISC. No.81505 of 2019(4) dt.01-07-2020 2/3 Panchayati was arranged in which Md. Mosabbir (petitioner) admitted his guilt and also became ready to perform marriage, but, his family members refused to perform the marriage. Submission is that it would appear from the complaint petition that the complaint was lodged on 20.12.2018, after four months of the occurrence, which is the basis of the first information report. Further, submission is that in fact, parents of the complainant/informant gave proposal to the parents of the petitioner to perform the marriage of the petitioner with the complainant/informant, but, parents of the petitioner refused the proposal, due to that reason the parents of the complainant/informant managed to lodged the present case with false allegation. In medical examination, the age of the complainant/informant was assessed 17 years and no sign of rape was found.
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Dagarua P.S. Case No. 44 of 2019 (Special POCSO Case No. 22 o 2019) shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.81505 of 2019(4) dt.01-07-2020 3/3 Additional Sessions Judge I-cum-Special Judge, POCSO Act, Purnea, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T