Shekh Irsad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17135 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== Shekh Irsad Son Of Kalam Shekh @ Abdul Kalam R/V- Lalparsa, P.S- Sikta, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 376, 511, 354(B), 323, 504, 506 of the Indian Penal Code and Sections 4/8 of the POCSO Act. It is a case of outraging the modesty of the informant, a minor girl against the petitioner who is father of the informant.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.17135 of 2023(5) dt.06-11-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case in the background of family dispute relating to partition of the property. The petitioner is father of the informant and the entire allegation against him is false and concocted. The petitioner is languishing in custody since 16.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the facts aforesaid and the period under custody, 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 7th Additional District & Sessions Judge-cum-Special Judge (POCSO), Bettiah, West Champaran in connection with Bagaha Mahila P.S. Case No. 82 of 2022, subject to the condition that petitioner will cooperate in the investigation and present himself on each and every date. If the petitioner failed to appear on two consecutive dates, the Court below will
Patna High Court CR. MISC. No.17135 of 2023(5) dt.06-11-2023 3/3 be at liberty to cancel the bail bonds of the petitioner. (Sunil Kumar Panwar, J) Shageer/- U T