Sadre Alam @ Sader Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6333 of 2023 Arising Out of PS. Case No.-35 Year-2018 Thana- SATHI District- West Champaran ====================================================== 1.

Sadre Alam @ Sader Alam S/O Late Asarful Sai @ Asraf Ali R/O VillageKala Barwa, P.S.- Sathi, District- West Champaran. 2.

Imran Alam S/O Sheikh Anzar @ Anjarul R/O Village- Kala Barwa, P.S.- Sathi, District- West Champaran.

3.

Irshad Alam S/O Sheikh Latif @ Latif Shekh R/O Village- Kala Barwa, P.S.- Sathi, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363, 366A, 34 of the Indian Penal Code and Section 8 of the POCSO Act. Petitioners are said to have kidnapped the daughter of the informant with intention to kill her or hidden her somewhere for prostitution.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the victim girl being major had left her house with co-accused Vashim with her own sweet will. He

Patna High Court CR. MISC. No.6333 of 2023(2) dt.05-05-2023 2/2 submits that the victim in her statement under Section 164 Cr.P.C. has not supported the prosecution case. He submits that the police after investigation has filed the final form against the petitioners but the learned court below has taken cognizance against them. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Saathi P.S. Case No. 35 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T