Wazir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44520 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== Wazir Alam Son of Abdul Hazam Resident of Village : Uchaila Jalalabad, P.O. & P.S. Rohtas, District Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Akhouri Vipin Bihari Shrivastava, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2017 Heard learned counsel representing the petitioner as well as learned A.P.P. for the State.

The petitioner is seeking regular bail in Rohtas P.S. Case No. 105 of 2017 registered under Sections 366(Ka)/120B of the Indian Penal Code and Sections 4/8 of POCSO Act. Learned counsel for the petitioner submits that the allegation of abduction of the daughter of the informant is false and baseless. Attention of this Court has been drawn towards the statement of the victim girl recorded under Section 164 Cr.P.C. which is Annexure-2 to the present application. The age of the victim girl has been shown as 18 years and she has stated that she wants to marry this petitioner but her family members are threatening her that in case she would go for this marriage they would kill her and the family members of the boy. She has stated

Patna High Court Cr.Misc. No.44520 of 2017 (2) dt.19-09-2017 2/2 in so many words about the threat being given by her own family members.

Learned A.P.P. for the State though initially offered some resistance but on the face of the statement of the victim girl he has nothing significant to submit.

This Court considering the age of the girl and her statement under Section 164 Cr.P.C. is inclined to grant regular bail to the petitioner. Let the petitioner, namely, Wazir Alam, be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Sessions Judge cum Special Judge, Rohtas at Sasaram in connection with Rohtas P.S. Case No. 105/2017, subject to the conditions as laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Dilip, AR U T