Tausif Laheri @ Tausif Leheri @ Md. Tohsif Laheri @ Md. Tausif Laheri @ Taisif Laheri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16473 of 2024 Arising Out of PS. Case No.-688 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== Tausif Laheri @ Tausif Leheri @ Md. Tohsif Laheri @ Md. Tausif Laheri @ Taisif Laheri S/o- Shabir Laheri Village- Sursand Ps- Sursand Dist- Sitamarh ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dinesh Raut Son of Late Kishori Raut Village Po Ps- Sursand W.No-5, DistSitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A, 504 & 506/34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. Petitioner is said to have kidnapped the minor daughter of the informant from his shop.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact, the daughter of the informant was in love with the petitioner and she eloped with him on her own volition. It is further submitted that there is delay of 25 days in lodging the present F.I.R.
Patna High Court CR. MISC. No.16473 of 2024(6) dt.21-08-2024 2/3 without assigning any cogent reason for the said delay. It is further submitted that the statement given by the girl before the Magistrate was a tutored one is also apparent from her message sent to the petitioner on whats app/SMS and the said messages are annexed as Annexure-2 series to this application. It is further submitted that it is a harsh reality that no occurrence, as alleged, ever took place. In fact, the daughter of the informant was in love with the petitioner, which was protested by the informant's family. When the petitioner and the daughter of the informant did not yield to the protest, this case was designedly manufactured and registered against the petitioner so that his daughter may dissociate herself with the petitioner. It is also submitted that the victim has refused to appear before the Medical Board for her examination. The petitioner has no criminal antecedent and has been languishing in custody since 04.12.2023.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid as well as the fact that the charge-sheet has been submitted against the petitioner and there is no allegation of tampering with the evidence, the above named petitioner is directed to be enlarged
Patna High Court CR. MISC. No.16473 of 2024(6) dt.21-08-2024 3/3 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 Sursand P.S. Case No.688 of 2022, Subject to condition that the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(Anjani Kumar Sharan, J) Trivedi/- U T