Md. Sartaj Wasshi @ Sartaj @ Salman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17116 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== 1.

MD. SARTAJ WASSHI @ SARTAJ @ SALMAN Son of SK. Aaras @ Shaikh Aras Resident of Village- Baishakhawa, Police Station- Gopalpur, District- West Champaran. (Bettiah).

2.

Md. Ajaj Alam Son of Sk Aaras @ Shaikh Aras Resident of VillageBaishakhawa, Police Station- Gopalpur, District- West Champaran. (Bettiah) 3.

Taimun Nesha @ Taibun Nesha @ Taimul Nesha W/o Sk Aaras @ Shaikh Aras Resident of Village- Baishakhawa, Police Station- Gopalpur, DistrictWest Champaran. (Bettiah) ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Shikarpur P.S. Case No. 27 of 2021 registered under Sections 363, 366(A), 367 of the Indian Penal Code and Sections-12/14 of the POCSO Act. Allegation against the accused persons including the petitioner is of kidnapping the informant's daughter. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.17116 of 2022(2) dt.13-05-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The victim was recovered and her statement under Section-164 Cr.P.C. was recorded in which, she has not supported the allegation of abduction. She has further stated that she got married with the petitioner No. 1. The petitioner No. 3 is a lady.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Special Judge(POCSO)-cum-ADJ 7th, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 27 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T