Santaj Alam @ Samsad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26998 of 2023 Arising Out of PS. Case No.-79 Year-2021 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Santaj Alam @ Samsad Alam Son Of Ali Akbar Minya @ Aliakbar Miyan @ Sukat Miyan Resident Of Village -LAXMIPUR Ps Purushottampur, DisttWest Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shashank Chandra For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 511 and 506 read with Section 34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act and Section 67 of the Information Technology Act.

As per FIR, the allegation against the accused persons including the petitioner is that they have tried to commit rape with the minor daughter of the informant.

Patna High Court CR. MISC. No.26998 of 2023(2) dt.24-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged occurrence and as per statement of the victim recorded under Section 161 of the Cr.P.C. she has not stated of any wrongdoings against the petitioner. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 14.07.2022 passed in Cr. Misc. NO. 8042 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 13.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Purushottampur P.S. Case No. 79 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.26998 of 2023(2) dt.24-05-2023 3/3 Sessions Judge-VII-cum-Special Judge POCSO Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Manishkumar/- U T