Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9497 of 2025 Arising Out of PS. Case No.-370 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Saddam S/o Abul Resident of village- Kharashi, Ward No. 10, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Jasim S/o Late Iyuk Resident of village- Dumariya, Ward No. 2, P.S.- Raniganj, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms.Vaishnavi Singh, Adv.

Mr. Purusottam Kumar, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Raniganj P.S. Case No. 370 of 2023 dated 20.09.2023 registered for the offences punishable under Sections 363, 366A and 376 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped and raped the minor daughter of the informant.

Patna High Court CR. MISC. No.9497 of 2025(2) dt.16-04-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded under Section 164 of the Cr.P.C. has stated that the co-accused Anwar kidnapped her with the help of the petitioner. The specific allegation of sexual assault is against the co-accused, Anwar. The petitioner has no concern with the alleged offence. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Raniganj P.S. Case No. 370 of 2023, with a condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.9497 of 2025(2) dt.16-04-2025 3/3 cause, the bail bond of the petitioner will liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T