Sheikh Gulrej @ Neta @ Gulrej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9641 of 2023 Arising Out of PS. Case No.-81 Year-2022 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== SHEIKH GULREJ @ NETA @ GULREJ ALAM Son of Sheikh Mirhasan @Md. Mirhasan Resident of village - Laxmipur, P.S.- Purusotmpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 504, 506 of the Indian Penal Code and Section 04 of the POCSO Act. According to the FIR, it is alleged that the petitioner took the victim/informant to his house and made physical relationship with her on the pretext of solemnization of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. From perusal of FIR as well as case diary, it seems that the informant & the petitioner both are consensual party as at the instance of solemnization of marriage, the petitioner made

Patna High Court CR. MISC. No.9641 of 2023(3) dt.07-07-2023 2/2 physical relation with the victim. The victim aged about 17 years. The petitioner and the victim, both belong to Muslim community. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 27.9.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pursottampur P.S. Case No. 81 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah at West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T