Abdul Kalam Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24756 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- PALANWA District- East Champaran ====================================================== ABDUL KALAM MIAN Son of Raja Hussain Mian R/V- Sukhi Semra, PSPalanwa, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bal Govind Sharma For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 363, 366(A), 34 of the Indian Penal Code and Section 8 of the POCSO Act.
Prosecution case relates to abduction of minor daughter of the informant by the petitioner for the purpose of marriage.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that this is false case lodged by her father due to money transaction in between father of the
Patna High Court CR. MISC. No.24756 of 2023(2) dt.22-05-2023 2/2 petitioner and her father. She has herself left house out of her own sweet will. She has not raised any finger against the petitioner for any overt act or physical misbehavior. Petitioner is languishing in judicial custody since 09.02.2023. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 7th Additional 7th Additional District & Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Palanwa P.S. Case No. 126 of 2022.
(Sunil Kumar Panwar, J) sushma/- U