Allowed

Md. Aftab v. The State of Bihar

Patna HC12 May 2025CR. MISC./7465/2025

Case brief

AI extract

What is this about?

High Court granted bail to petitioners accused of molesting a child and assaulting a complainant, directing them to furnish bonds of Rs. 10,000 each with sureties to the POCSO Court.

What did the court decide?

Petitioners released on bail upon furnishing bonds of Rs. 10,000/- each with two sureties of the like amount to the satisfaction of the learned A.D.J.-VII cum Special Judge, POCSO Court, Patna.

Md. Aftab Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7465 of 2025

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Arising Out of PS. Case No.-77 Year-2024 Thana- ALAMGANJ District- Patna

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

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Md. Aftab Son of Md Nasim @ Md. Usman Resident of Mohalla - Gayghat Bakkho Tola, P.S. - Alamganj, District - Patna (Bihar)

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Md Saddam Son of Md Nasim @ Md. Usman, Resident of Mohalla - Gayghat Bakkho Tola, P.S. - Alamganj, District - Patna (Bihar)

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sitara Khatun Wife of Md Shehjad Md @ Sehjad, Resident of Mohalla - Bakkho Tola, Near Danka Imli Golumber P.S. Alamganj, Distt.- Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pramhansh Kumar Puri, Advocate For O.P. No. 2 : Mr. Sadanand Prasad Deo, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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3 12-05-2025 Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners seek bail in connection with Alamganj P.S. Case No. 77 of 2024 dated 01.02.2024 instituted for the offence punishable under Sections 147, 149, 323, 354A, 341 of the Indian Penal Code and Section 12 of the POCSO Act.

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The prosecution case, in short, is that on the alleged date of occurrence, when the daughter of the informant went to bring water, the petitioners started molesting her. When the informant went to the house of the petitioners to complain, the family members of the petitioners assaulted the informant and

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Patna High Court CR. MISC. No.7465 of 2025(3) dt.12-05-2025 2/3

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her family members.

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Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Learned counsel for the petitioners submits that allegation against the petitioners are that they harassed and molested the daughter of the informant by pulling her cloth. It is further submitted that there is case and counter case between the parties. Counter case bearing Alamganj P.S. Case No. 78 of 2024 has been lodged by the father of the petitioners, namely, Md. Nasim, on 01.02.2024 for the offence under Section 323, 324, 307, 379/34 of the Indian Penal Code, in which Md. Nasim sustained injuries. For treatment he went to Nalanda Medical College & Hospital, Patna on the same day i.e. on 31.01.2024 and the time of registration is 8.36 pm. The alleged occurrence took place at 7 pm on 31.01.2024. It is submitted that the informant has falsely made concocted story about molestation and assault. There is no injury report available on record. The present F.I.R. has been lodged on 01.02.2024 at 10.50 am. Lastly, it has been submitted that the petitioner no. 1 is in custody since 13.11.2024 having no criminal antecedents and petitioner no. 2 is in custody since 17.12.2024 having one criminal case against him. Charge-sheet has been submitted in

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Patna High Court CR. MISC. No.7465 of 2025(3) dt.12-05-2025 3/3

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the case.

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Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for bail of the petitioners. Learned counsel for the informant submits that there is specific allegation against both the petitioners who molested the daughter of the informant.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VII cum Special Judge, POCSO Court, Patna in connection with Alamganj P.S. Case No. 77 of 2024.

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(Khatim Reza, J)

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premchand/-

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U T

Md. Aftab v. The State of Bihar

Case brief

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Md. Aftab v. The State of Bihar

Case brief

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