Md. Manzoor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52842 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- JALALGARH District- Purnia ====================================================== Md. Manzoor Son of Late Md. Safil resident of Village : Madhaili (Dimiya), P.S. Jalalgarh, District : Purnia.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sada Nand Roy, Advocate For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

The prosecution case, in short, is that the petitioner forcibly committed rape with the victim and given threat of dire consequences.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. This very informant just about 10 days prior to filing of the present case, filed a case vide Annexure 2 to the present application against other co-accused Md. Saukat making similar allegation

Patna High Court Cr.Misc. No.52842 of 2018(2) dt.20-09-2018 2/2 as made in the present case. The informant is of a loose character. She is in habit of filing criminal cases with such allegations for ulterior motive.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge POCSO Act, Purnia in connection with Special case No.64 of 2018 arising out of Jalalgarh P.S. case No.72 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T