Afzal Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30517 of 2021 Arising Out of PS. Case No.-94 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== AFZAL IMAM Son of Sheikh Akhtar Resident of Village - Jogia, P.S.- Ram Nagar, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Aslam Ansari For the Opposite Party/s :

Mr.APP For the Informant Mr. A.N. Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sikarpur P.S. Case no. 94 of 2019 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.

As per allegation in the FIR, several accused persons

Patna High Court CR. MISC. No.30517 of 2021(2) dt.15-02-2022 2/3 including the petitioner abducted the minor grand-daughter, aged about 14 years, of the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. In the statement of the victim girl recorded under Section 164 Cr.P.C., she has not made any allegation of kidnapping against the petitioner rather she has stated that she is major, aged about 19 years and out of her own sweet will, she has left her house for solemnizing marriage with co-accused Habubul Rahman. Petitioner has got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sikarpur P.S. Case no. 94 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West

Patna High Court CR. MISC. No.30517 of 2021(2) dt.15-02-2022 3/3 Champaran at Bettiah subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U