Allowed

Farid Sai @ Md Farid Sai v. The State of Bihar

Patna HC8 Feb 2019CR. MISC./7530/2019

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, an accused in a case involving murder and sexual offences against minors. The court observed that the petitioner was arrested merely on suspicion without specific allegations of overt acts and allowed release on a bail bond with close relatives as sureties.

What did the court decide?

Petitioner granted bail on Rs. 10,000 bond with two close relatives as sureties.

Farid Sai @ Md Farid Sai Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7530 of 2019

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Arising Out of PS. Case No.-319 Year-2018 Thana- SARAIYA District- Muzaffarpur

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======================================================

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Farid Sai @ Md Farid Sai, Son of Late Habbi Sai, Resident of Village - Paharpur, P.S.- Sariya, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate. For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2 08-02-2019

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Heard learned counsel for the petitioner and the

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State.

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The petitioner seeks bail in Saraiya P.S. Case No. 319 of 2018, instituted for the offence under Section(s) 302, 376, 120(B)/34 of the Indian Penal Code and Section 4 of POCSO Act.

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Counsel for the petitioner submits that petitioner has been made accused merely on suspicion.

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It is alleged in the written report that 10 years old daughter and eight years old son of the informant had gone to field of Lala Thakur for grazing the she goat but they did not return. The informant made search and found dead body of both of them on the bank of river. The informant has raised suspicion against Lala Thakur and his son Vikas Kumar along

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Patna High Court Cr.Misc. No.7530 of 2019(2) dt.08-02-2019 2/2

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with this petitioner of committing alleged occurrence and illegal act with her daughter. It is further alleged that ten days prior to the occurrence, Lala Thakur had assaulted badly the wife of informant because the she goat went in his Banana orchard.

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In this manner, from the written report it appears that mere suspicion has been raised against the petitioner. There is no specific allegation of overt act against him.

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Petitioner is in custody since 28.7.2018 having clean antecedent.

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Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1^st Additional Sessions Judge cum Special Judge, POCSO, Muzaffarpur, in connection with Saraiya P.S. Case No. 319 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

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S.Ali/- (Sanjay Priya, J) U T

Farid Sai @ Md Farid Sai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Farid Sai @ Md Farid Sai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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