Sheikh Hasad @ Hasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36771 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- MAINATAND District- West Champaran ====================================================== Sheikh Hasad @ Hasad, S/o Sheikh Tamil Resident of Langari, Basth, P.S.- Mainatand, District- West Champaran.
.. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the State :
Mrs. Madhuri Lata, APP For the informant :
Mr. Asif Kalim, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Mainatand P.S. Case No.156 of 2020 registered for the offence under Sections 363, 366(A)/34 of the IPC and 8 of POCSO Act.
It is a case of abduction of informant's daughter by the accused persons with intention to marry.
Learned counsel appearing on behalf of the petitioner submits that petitioner has committed no offence and has falsely been implicated in the case due to ulterior motive and village politics. He further submits that statement of victim recorded under Section 164 Cr.P.C and in her statement she said that she was not kidnapped by anyone, rather she had gone to her aunt's
Patna High Court CR. MISC. No.36771 of 2021(2) dt.22-03-2022 2/2 house because his father wanted to marry her forcibly with an old person. He further submits that the doctor has not found any sign of sexual assault on the victim girl. Petitioner has clean antecedent.
Learned APP appearing for the State has opposed the prayer for anticipatory bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of communication of this order is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, VIIth-cum-POCSO, Bettiah, West Champaran in connection with Mainatand P.S. Case No.156 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Prakash Narayan /- U T