Patna High Court - Orders
Md. Dabir @ Dabir vs The State Of Bihar on 22 September, 2023
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50921 of 2023
Arising Out of PS. Case No.-79 Year-2020 Thana- MAHILA P.S. District- Araria
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MD. DABIR @ DABIR SON OF LATE HANIF RESIDENT OF VILLAGE-
FARASUT WARD NO. 3, PS- BAIRGACHHI, DIST- ARARIA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-09-2023Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks bail, who is in custody since 16.05.2023, in connection with Araria (Mahila) P.S. Case No. 79 of 2020 corresponding to Special POCSO Case No. 32 of 2020, F.I.R. dated 28.08.2020 registered for the offences punishable under Sections 341, 323, 354(A), 354(C), 354(D)/34 of the Indian Penal Code, Section 12 of the POCSO Act and under Section 67A of the Information Technology Act.
3. Allegation against the petitioner is that he along with other co-accused persons virals of the photo of the victim on facebook and also put objectionable message on facebook.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely Patna High Court CR. MISC. No.50921 of 2023(3) dt.22-09-2023 2/4 implicated in the present case. He further submits that from perusal of the F.I.R. it appears that the main allegation is against co-accused Md. Shahbaz who had captured the photo of the victim/informant and there is no accusation against the petitioner but in the later part in the F.I.R. she alleged that the petitioner has uploaded the photo of the informant. He further submits that the petitioner who is uncle of the informant had a viral photo of the victim on facebook with I.D. of one Sarfaraz. Learned counsel for the petitioner further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and due to admitted land dispute between the father of the informant and the petitioner, the petitioner has been falsely implicated in the present case. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 16.05.2023.
5. The learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that there is sufficient material against the petitioner to suggest the involvement of the petitioner in the present occurrence but fairly submits that the facebook account of co-accused has not been scientifically Patna High Court CR. MISC. No.50921 of 2023(3) dt.22-09-2023 3/4 verified by the prosecution.
6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special POCSO Court, Araria in connection with Araria (Mahila) P.S. Case No. 79 of 2020 corresponding to Special POCSO Case No. 32 of 2020, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the Patna High Court CR. MISC. No.50921 of 2023(3) dt.22-09-2023 4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//-
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