Tarwez Alam @ Tabrez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24825 of 2021 Arising Out of PS. Case No.-79 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== Tarwez Alam @ Tabrez Alam Son Of Raj Mahamad Miyan @ Rajmahmad Ansari Resident Of Village-Buchiya Mathiya P.S.- Sidhwaliya DistGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Smt. Madhuri Lata A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

26-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sidhwaliya P.S. Case No. 79 of 2020, registered for the offence under Sections 363 & 366(A) of the Indian Penal Code.

It is submitted on behalf of petitioner that in the statement recorded under Section 164 of the Cr.P.C., the victim (daughter of the informant) has stated that she was in love with this petitioner, so she voluntarily went out with him and solemnized marriage with him. She further stated that she wants to live with the petitioner and she has not been forcibly kidnapped. It is further submitted that as per medical report, the doctor has assessed the age of victim, as 20 years. Petitioner has

Patna High Court CR. MISC. No.24825 of 2021(2) dt.26-07-2021 2/2 got clean antecedent and is in custody since 16.10.2020. Learned A.P.P. for the State has opposed the bail petition.

Considering the period of custody and statement of the victim recorded under Section 164 Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned VIth Addl. Sessions Judge cum Special Judge, POCSO, Gopalganj in connection with Sidhwaliya P.S. Case No. 79 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T