Khursheed Dewan @ Khurshid Dewan @ Khursede Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66997 of 2018 Arising Out of PS. Case No.-203 Year-2017 Thana- GOVINDGANJ District- East Champaran ====================================================== Khursheed Dewan @ Khurshid Dewan @ Khursede Dewan Son of Anwar Devan Resident of Village-Hardia,Police Station -Govindganj (Areraj O.P.),Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Govindganj (Areraj O.P.) Police Station Case No. 203 of 2017registered for the offence punishable under Sections 366A, 363/34 of the Indian Penal Code and Section 6 of POCSO Act.

Informant in his written report has stated that his daughter was kidnapped by petitioner along with other FIR named accused. It has further been alleged that she might be killed by the petitioner and others.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Learned counsel for the petitioner submits that there is delay of five days in lodging the FIR. It has been further submitted that

Patna High Court Cr.Misc. No.66997 of 2018(2) dt.26-11-2018 2/2 the victim was medically examined and the Doctor assessed her age to be 18-19 years and Section 6 of the POCSO Act does not apply in the present case. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 17.02.2018 in Criminal Miscellaneous No. 3311 of 2018. Petitioner is in custody since 27.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge cum Special Judge, Motihari, East Champaran, in connection with Govindganj (Areraj O.P.) Police Station Case No. 203 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(S. Kumar, J) ranjan/- U