Alam Mistiri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15975 of 2024 Arising Out of PS. Case No.-876 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Alam Mistiri S/O Md. Kirafat R/O Village- Murliyachak, Ward No.-3, P.S And Distt.- Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dinesh Jha, Advocate For the Opposite Party :

Mr.Satya Nand Shukla, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and section 8 of the POCSO Act .

3. As per the prosecution case, all the FIR named accused persons including this petitioner kidnapped minor daughter of the informant.

4. Learned counsel appearing for the petitioner submits that the victim in her 164 Cr.P.C. statement has denied the allegation made in the FIR and has stated that she herself had gone out of the house and no one had kidnapped her. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner,

Patna High Court CR. MISC. No.15975 of 2024(2) dt.14-03-2024 2/2 mentioned above, 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 Additional Sessions Judge VI cum Special Judge, POCSO Act, Sitamarhi in Sitamarhi Police Station Case No. 876 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T