Allowed

Sher Khan @ Sher Mohammad v. The State of Bihar

Patna HC2 Dec 2024CR. MISC./32481/2024

Case brief

AI extract

What is this about?

In a bail plea arising from a POCSO and rape charge, the court observed that while the victim's statement alleged rape, medical and FSL reports did not corroborate sexual assault or semen presence. Considering the lack of criminal record and evidentiary gaps, the court granted bail with standard bonds and conditions for trial cooperation.

What did the court decide?

Petitioner released on bail with bonds of Rs. 10,000/- plus two sureties of like amount, subject to standard conditions of cooperation and attendance.

Sher Khan @ Sher Mohammad Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32481 of 2024

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Arising Out of PS. Case No.-169 Year-2023 Thana- DHANSOI District- Buxar

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

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Sher Khan @ Sher Mohammad S/O Late Feku Hazam @ Fakhruddin Mir R/O Village- Bharakhora, P.S- Dhansoi, Distt.- Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Victim (x) D/O Mumtaz Hajam R/O Village- Bharakhora, P.S- Dhansoi, Distt.- Buxar.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Satyapal Singh, Adv. For the Opposite Party/s : Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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7 02-12-2024

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Heard learned counsel for the petitioner and learned

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APP for the State. Perused the case diary.

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The petitioner seeks bail in connection with

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Dhansoi P.S. Case No. 169 of 2023 instituted for the offences under Section 376 of the Indian Penal Code read with Section 4 of the POCSO Act.

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As per prosecution case, the accusation against

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the petitioner is of forcibly committing rape upon the minor victim girl.

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Learned counsel for the petitioner submits that

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the petitioner is innocent and has committed no offence as

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Patna High Court CR. MISC. No.32481 of 2024(7) dt.02-12-2024 2/4

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alleged against him and has falsely been implicated in the present case. He further submits that though the victim girl, in her statement made under Section 164 of the Cr.P.C., has

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made allegation of committing rape upon her but, from perusal of the medical report, it appears that the doctor has not found any sexual assault upon the body of the victim girl. The F.S.L. report also does not support the prosecution case as semen could not be detected in the vaginal swab, vulval swab or urethral swab. He further submits that the Medical Board has assessed the age of the victim girl as 16 years. The petitioner has no criminal antecedent and is languishing in judicial custody since 21.11.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.

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On the other hand, learned A.P.P. for the State

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has vehemently opposed the prayer for grant of bail to the petitioner, stating that the victim girl in her statement made under Section 164 Cr.P.C. has made direct allegation of rape upon the petitioner. The police, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections 341, 354(B), 376, 506

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Patna High Court CR. MISC. No.32481 of 2024(7) dt.02-12-2024 3/4

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of the Indian Penal Code and Section 4/6/8 of the POCSO Act. The offence alleged against the petitioner is serious in nature and, hence, he does not deserve bail.

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Having heard learned counsel for the parties, this Court finds that though the victim girl in her 164 Cr.P.C. statement has made specific allegation of rape upon the petitioner but, the medical report and the F.S.L. report does not support the same. The petitioner has no criminal antecedent.

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Considering the entire facts and circumstances of the case, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhansoi P.S.

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Case No. 169 of 2023, subject to the following conditions;

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(i) One of the bailor(s) shall be the own/close family members of the petitioner.

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(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by

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the court and shall remain physically present as directed by

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Patna High Court CR. MISC. No.32481 of 2024(7) dt.02-12-2024 4/4

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the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Sher Khan @ Sher Mohammad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sher Khan @ Sher Mohammad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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