The High Court granted regular bail to the petitioner in a sexual assault case under IPC and POCSO. The court considered the delay in FIR, alleged consent, and voluntary surrender before fixing a bond of Rs. 10,000 with two sureties.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55318 of 2022
Arising Out of PS. Case No.-17 Year-2021 Thana- MAHILA THANA District- Begusarai
======================================================
Md. Maqsood @ Md Maqsood Alam S/o Late Md. Idrish R/o VillageSinghaul, Ward no. 01, P.S.- Muffasil (Singhaul O.P.), District -Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
4 06-04-2023
Heard learned senior counsel for the petitioner and the
learned APP for the State.
Petitioner seeks regular bail in connection with Mahila P.S. Case No. 17 of 2021 dated 17.06.2021 registered for the offences punishable under Sections 341, 376/34 of the Indian Penal Code and Section 4 of POCSO Act.
As per the prosecution, the informant (prosecutrix) alleged that this petitioner established sexual relation with her on false pretext of marriage by enticing her and thereafter the informant was continuously subjected to sexual intercourse by this petitioner.
The main submissions advanced by the learned senior counsel for the petitioner are that from the facts narrated in the
Patna High Court CR. MISC. No.55318 of 2022(4) dt.06-04-2023 2/3
FIR, it is clearly evident that the alleged sexual relation between the victim and the petitioner was consensual as the same continued for six months and when the petitioner was establishing sexual relation with the victim on 07.06.2021 they were caught by brother of the victim and thereafter the family members of the victim started pressurizing the petitioner to marry with the victim and finally the case was lodged as the petitioner did not agree to marry with the victim. Further submission is that though in the FIR the victim has shown her age as 15 years at the time of lodging the FIR but as per medical expert's opinion her age was assessed between 15-17 years and if one year is added to the upper side of the said opined age she can be deemed to be a major girl. Further submission is that the FIR was lodged ten days after the commission of the alleged occurrence dated 07.06.2021 and the medical board did not give any positive finding regarding the sexual assault with the victim. Further submission is that the petitioner is presently facing trial and upon him the charges have been framed and he voluntarily surrender before the court below and has been languishing in jail since 22.08.2022 and he has fair and clean antecedent.
Learned APP appearing for the State has opposed the bail prayer and submitted that against the petitioner there is
Patna High Court CR. MISC. No.55318 of 2022(4) dt.06-04-2023 3/3
serious allegation.
Considering the above submissions and the facts and circumstances of this case and mainly the facts that the petitioner is presently facing trial and upon him the charges have been framed and he voluntarily surrendered before the court below and an inordinate delay took place in lodging the FIR, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner 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 the concerned Court in connection with Mahila P.S. Case No. 17 of 2021.
(Shailendra Singh, J)
Rajiv/-
U T
2 issues framed by the court
Whether the petitioner deserves regular bail considering the consensual nature of the relationship allegedly and the delay in FIR lodging.
Whether the petitioner qualifies for bail given he voluntarily surrendered and is facing trial after an inordinate delay in lodging the FIR.
2 provisions across 2 enactments
Md. Maqsood @ Md Maqsood Alam
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
