Sajid Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11375 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- GAUNAHA District- West Champaran ====================================================== SAJID HUSSAIN Son of Sakir Hussain Resident of Village - Pipra, P.S.- Gaunaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Gaunaha P.S. Case No. 85 of 2019, registered for the offences punishable under Sections 354(C), 504, 506 of the Indian Penal Code, section 66(E), 67 of the I.T. Act and section 12 of the POCSO Act.

The informant alleged that on 19.08.2019, the petitioner sent four obscene messages from mobile no. 7371012566. Earlier also, this petitioner used to tease his daughter and threat him of kidnapping his daughter.

Patna High Court CR. MISC. No.11375 of 2020(2) dt.24-06-2020 2/2 It is submitted that petitioner has been falsely implicated in this case. The mobile number from which the messages were sent to the informant, does not belong to this petitioner which is clear from Annexure-7. The present case is counter blast of Shikarpur P.S. Case No. 284 of 2019 filed by the petitioner against the informant. During course of investigation, the police did not find any material against this petitioner. The petitioner has got clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge (SC/ST, POCSO), Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 85 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T