Bittu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13845 of 2024 Arising Out of PS. Case No.-314 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Bittu Alam Son of Khush Mohammad Alam Resident of Village- Nakched Tola, P.S.- Town, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366(A), 34 of IPC and Section 8 of the POCSO Act.

3. Allegedly, all the accused persons including the petitioner are said to have kidnapped the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that it is evident

Patna High Court CR. MISC. No.13845 of 2024(4) dt.10-05-2024 2/2 from the FIR itself that the informant's daughter herself took away Rs. 3 lacs and ornaments of her mother and from the said fact, it is clear that she herself fled away from her house, nobody has kidnapped her. The statement of the victim has been recorded under Section 164 Cr.P.C., wherein she has stated that she fled away with the petitioner, which is also mentioned in the impugned order. Petitioner has one criminal antecedent and he is in judicial custody since 31.12.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the submissions made as well as the period of judicial custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Turkauliya (Banjariya) P.S. Case No. 314 of 2022.

(Anjani Kumar Sharan, J) divyanshi/- U T