Patna High CourtCR. MISC./17733/2021bail granted

Sadre Alam @ Sadre Alam Sheikh v. The State Of Bihar

2022-02-15Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17733 of 2021 Arising Out of PS. Case No.-343 Year-2017 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

SADRE ALAM @ SADRE ALAM SHEIKH Son of late Jajul Sheikh Resident of Village - Manguraha, P.S.- Ramnagar, Distt.- West Champaran. 2.

AMBEYA KHATOON W/o Sadre Alam @ Sadre Alam Sheikh Resident of Village - Manguraha, P.S.- Ramnagar, Distt.- West Champaran. 3.

ASGARI KHATOON W/o Rafi Alam Resident of Village - Manguraha, P.S.- Ramnagar, Distt.- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anis Akhtar For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 15-02-2022 Heard the parties through video conferencing. The petitioners seeks bail in anticipation of their arrest in connection with Ramnagar P.S. Case No.343/2017 instituted for the offences under Sections 341, 342, 376, 511, 323, 324, 504, 506, 447 and 34 of the Indian Penal Code & Section 4 of POCSO Act.

Learned counsel for the petitioners submits that the police did not find case under sections 376 and 511 of the Indian Penal Code as against the petitioners but the court has taken cognizance. Learned counsel also submits that the statement made by the victim girl under section 164 Cr.P.C. shows that

Patna High Court CR. MISC. No.17733 of 2021(5) dt.15-02-2022 2/2 there are quarrel between the children. Learned counsel submits that the petitioners cannot be said to have committed any offence.

Taking into consideration the overall aspect, I am inclined to allow the anticipatory bail to the petitioners and in the event of arrest, they shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sanjeev Prakash Sharma, J) amit/- U T