The Patna High Court granted bail to the petitioner, who was detained at a railway station and falsely implicated in a rape case involving a minor, directed to furnish a bond with sureties.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5993 of 2023
Arising Out of PS. Case No.-50 Year-2022 Thana- MAHILA PS District- Buxar
======================================================
SHALU KURAISHI @ SHALLU KURAISI Son of Gayasudin Kuraishi Resident of Village- Dumraon, P.S.- Dumraon, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ramakant Yadav For the Opposite Party/s : Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 27-06-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in connection with Buxar Mahila P.S. Case No. 50 of 2022 registered for the offence punishable under sections 376(D) of the Indian Penal Code and section 6 of the POCSO Act.
It is a case of commission of rape by the petitioner upon the minor daughter of the informant.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. While the petitioner was sleeping in railway station, this petitioner taken away the victim girl to his house. He has not committed rape with the victim girl rather other accused Shivam, Sachin and Vikkey have committed rape with her. Her statement was
Patna High Court CR. MISC. No.5993 of 2023(3) dt.27-06-2023 2/2
recorded u/s 164 Cr.P.C., in which she has not whispered about commission of rape against the petitioner. He is languishing in judicial custody since 6.9.2022.
The application for bail is opposed by learned APP for the State and submitted that petitioner is named in the FIR.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge VI-cum-Special Court of POCSO Act, Buxar in connection with Mahila P.S. Case No. 50 of 2022.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether the petitioner should be granted bail in a case alleging rape upon a minor.
2 provisions across 2 enactments
Shalu Kuraishi @ Shallu Kuraishi
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
