Patna High Court
Md. Shahid @ Said @ Md. Said Alam vs The State Of Bihar on 3 October, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.249 of 2024
Arising Out of PS. Case No.-198 Year-2022 Thana- PHULWARIA District- Begusarai
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MD. SHAHID @ SAID @ MD. SAID ALAM SON OF MD. HAIDAR
RESIDENT OF VILLAGE - SHOKHARA, WARD NO.12, POLICE
STATION - PHULWARIA, DISTRICT - BEGUSARAI THROUGH ITS
LEGAL GUARDIAN NAMELY MAIMUN KHATOON, WIFE OF MD.
HAIDAR, RESIDENT OF VILLAGE - SHOKHARA, WARD NO.12,
POLICE STATION - PHULWARIA, DISTRICT - BEGUSARAI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.K. Lal
Mr. Raj Kumar Sinha
For the Respondent/s : Mr. Rita Verma, APP
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CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 03-10-2024
Heard learned counsel for the petitioner and
learned counsel for the State. No one appears on behalf of the
informant although Vakalatnama has been filed on his behalf.
2. This revision petition has been preferred by the
petitioner (juvenile) being aggrieved with the judgment dated
17.01.2024
passed by the Additional Sessions Judge-I-cum-
Presiding Officer, Children Court, Begusarai in connection with
Cr. Appeal No. 28 of 2023 affirming the order passed by the
Juvenile Justice Board, Begusarai in J.J.B. Case No. 193 of
2023 dated 16.06.2023 and rejected the prayer of bail of the
petitioner.
Patna High Court CR. REV. No.249 of 2024 dt.03-10-2024
3. The case of prosecution is that when the
informant of the case went to participate last ritual ceremony of
his relative after leaving his daughter aged about 17 years alone
in his house, allegedly his neighbour applicant entered in the
house and forcibly committed rape upon the victim girl. It is
further alleged that on being sought by the victim girl, his
neighbour Juhi Khatun and Najrana Khatun reached at the spot.
Thereafter, the applicant-petitioner fled away from the spot.
4. On the basis of the written complaint made by
the informant, the first information report was registered against
the applicant for the offences punishable under Sections 341,
323, 504, 506, 376, 34 of the Indian Penal Code and Section 3/4
of the POCSO Act.
5. During course of investigation, the applicant-
petitioner is taken into custody on 13.05.2023 and since then he
is in observation home.
6. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case due to family dispute. It is further submitted that
first information report has been lodged after seven days of the
alleged incident and the delay has not been explained. He
submits that Social Investigation Report also shows that initially
Patna High Court CR. REV. No.249 of 2024 dt.03-10-2024
the family of the victim girl wanted to marry the victim girl to
the petitioner and when the family of the petitioner refused then
they put pressure upon them and first information report has
been lodged against the petitioner. Lastly, he submits that there
is no criminal antecedent against the petitioner and the
petitioner is in observation home since 13.05.2023. Therefore, it
is prayed by the learned counsel for the petitioner that the
petitioner-applicant may be released on bail.
7. Learned counsel appearing on behalf of the
State opposes the above submissions raised by the learned
counsel for the petitioner.
8. Having considered the above facts and
circumstances of the case and the submissions made on behalf
of the learned counsels for the parties, I am inclined to allow the
application of the applicant. Accordingly, the prayer for bail of
the applicant is allowed. The order dated 17.01.2024 passed by
the Additional Sessions Judge-I-cum-Presiding Officer, Children
Court, Begusarai in Cr. Appeal No. 28 of 2023 arising out of
Fulwaria P.S. Case No. 198 of 2022 and the order dated
16.06.2023 passed by the Juvenile Justice Board, Begusarai are,
hereby, set aside.
7. Let the above named petitioner-applicant be
Patna High Court CR. REV. No.249 of 2024 dt.03-10-2024
released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Juvenile Justice Board, Begusarai in
connection with J.J.B. Case No. 193 of 2023, subject to the
following conditions:-
(i) that one of the bailors shall be father/mother of the
petitioner.
(ii) that the father/mother of the petitioner shall
file an affidavit before the learned Juvenile Justice Board,
Begusarai giving specific undertaking that after release of the
petitioner on bail, he/she will take proper care of the petitioner-
applicant and will not allow him to fall into bad company.
(Arvind Singh Chandel , J)
shailendra/-
AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 04.10.2024
Transmission Date 04.10.2024
