Patna High Court – Orders
Minhaz Alam @ Shahil @ Shahil Miya @ Samir vs The State Of Bihar on 16 January, 2025
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63633 of 2024
Arising Out of PS. Case No.-197 Year-2020 Thana- MANJHAGARH District- Gopalganj
======================================================
Minhaz Alam @ Shahil @ Shahil Miya @ Samir S/o Late Md. Mustufa @
Suruj Miya R/o Village Piyaur, PS- MH Nagar, District -Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kishnath Sah S/o Late Narayan Sah R/o vill - Sareya Akhteyar, P.s. -
Manjhagarh, Distt. - Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devashish Giri, Adv.
For the Opposite Party/s : Mr. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 16-01-2025
Heard learned counsel for the petitioner Mr.
Devashish Giri and learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 363,
366(A)/34 of the Indian Penal Code in which later on charge-
sheet has been submitted by the police against the petitioner for
the offences under Sections 363, 366A, 376, 34 of the Indian
Penal Code and Section 4 and 6 of the POCSO Act and charges
against the petitioner have been framed by the learned trial court
for the offences under Sections 363/34, 366/34, 376(DA) of the
Indian Penal Code and 4, 6 of the POCSO Act.
3. The case of the prosecution is that the minor
Patna High Court CR. MISC. No.63633 of 2024(5) dt.16-01-2025
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daughter of the informant went from her house saying that she is
going to her friend’s Renus’ house and when she did not
returned on a considerable time, the informant inquired for her,
he came to know that Kiran Kumari, Sushant Sharma, Prashant
Kumar and Rajan Sharma have taken her away.
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. He has got no criminal
antecedent. During investigation, the victim was recovered and
she has given her statement under Section 161 and 164 of the
Cr.P.C. as well. In her statement under Section 161 of the
Cr.P.C., the victim has stated that the associate of Bhola Miya,
Shabana Khatoon called her from her house and when she went
there Bhola Miya and one another forcefully took her on a bike,
on a knife point, they handed over to somebody else. After that
she was taken on a Auto and after that she was taken to
Muzaffarpur, she was put in a room and forcefully, she was
raped. In her statement under Section 164 of the Cr.P.C., the
victim has stated that this petitioner has taken her to Gopalganj
and from there he has taken to her to Muzaffarpur and on
promise of marriage, he established physical relation. The
victim has also stated that she wants to marry with the petitioner.
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The medical examination of the victim has conducted on
14.08.2020 and Doctor has found no mark of injury on the
private parts of the victim. From perusal of the FIR, it is clear
that the case of the prosecution is that the victim has given to
her house of friend Renu. In her statement under Section 161 of
Cr.P.C., she has stated that some unknown persons have taken
her away and in her statement under Section 164 of the Cr.P.C.,
she has stated that the petitioner has established physical
relation on promise of marriage. The story of the prosecution
seems to be developed from the stage of FIR to the stage of
Statement of the victim under Section 164 of the Cr.P.C.
Moreover, the age of the victim as assessed by doctor is 16 to 17
years and from perusal of the case diary, it is clear that though
she was taken away forcefully by petitioner and others, she has
made no hue and cry. It is further submitted that the petitioner is
languishing in judicial custody since 01.04.2024.
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
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released on bail in connection with POCSO Case No. 32 of 2023
arising out of Manjhagarh P.S. Case No. 197 of 2020 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Court of VIth. Addl. Sessions Judge-cum-Special Judge
POCSO, Gopalganj.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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