Fajlur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27645 of 2022 Arising Out of PS. Case No.-35 Year-2018 Thana- SATHI District- West Champaran ====================================================== Fajlur Rahman Son Of Late Sheikh Safi Ahmad R/O Village- Kalabarwa, P.S.- Sathi, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Prashant Kumar, Advocate For the Opposite Party :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

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

The petitioner is apprehending his arrest in a case registered for the offence under Sections-363, 366(A), 34 of the Indian Penal Code and 8 of POCSO Act.

The prosecution allegation, in short, is that Sandhya, minor daughter of the informant was kidnapped by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The victim was recovered. The statement of the victim under Section-164 of the

Patna High Court CR. MISC. No.27645 of 2022(2) dt.14-11-2022 2/2 Cr.P.C. was recorded in which, she has not supported the allegation made in the FIR. She left house out of her own sweet will. The statement of the victim recorded under Section-164 of the Cr.P.C. is Annexure-5 to the present application. The police submitted final form against the petitioner but the court below differed with the said report and took cognizance. Hence the present application has been filed.

On behalf of the State, it is submitted that the petitioner is named in the F.IR.

Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each of the satisfaction of learned Additional District & Sessions Judge-VIIcum-Special Judge (POCSO), West Champaran, Bettiah in connection with Sathi P.S. Case No. 35 of 2018 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