Md. Samir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10902 of 2023 Arising Out of PS. Case No.-89 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Md. Samir S/O Md. Tanbir R/O Village- Habibpur, P.S.- Habibpur, DisttBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

It is alleged by the informant that minor daughter of the informant was kidnapped by all the F.I.R named accused persons including the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the victim girl were known to each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she herself left the house and went

Patna High Court CR. MISC. No.10902 of 2023(3) dt.02-05-2023 2/2 along with the petitioner to Kolkata. The victim has not whispered about any physical assault and dispute against the petitioner with her. The victim was medically examined by the doctor and she was found in between 16-18 years of age. The petitioner is languishing in custody since 10.07.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VI-cum-Special Judge(POCSO Act), Bhagalpur in connection with Industrial P.S. Case No. 89 of 2021, POCSO Case No. 90 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T