Md. Heyat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29415 of 2022 Arising Out of PS. Case No.-114 Year-2021 Thana- SIKTA District- West Champaran ====================================================== 1.

Md. Heyat Son Of Late Noor Hoda Sheikh Resident Of Village - Bhawanipur, P.S. - Sikta, District - West Champaran. 2.

Alamgir Alam Son Of Late Noor Hoda Sheikh Resident Of Village - Bhawanipur, P.S. - Sikta, District - West Champaran. 3.

Md. Afsar Alam @ Afsar Alam Son Of Md. Heyat Resident Of Village - Bhawanipur, P.S. - Sikta, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 342, 323, 365, 366(A), 506/34 of the Indian Penal Code and section 3⁄4 of the POCSO Act.

It is alleged that minor girl of the informant has been abducted by the co-accused persons. It is further alleged that on refusal of marriage by the victim girl the petitioners along with the co-accused persons tied her by

Patna High Court CR. MISC. No.29415 of 2022(2) dt.18-10-2022 2/3 rope and laid pressure to marry and also threatened to pour acid on the face of the victim girl.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have falsely been implicated in the present case due to denial of marriage proposal of the daughter of the informant with the co-accused Dilbahar. It is further submitted that in para 21 of the case diary, the statement of the victim under Section 161 Cr.P.C has been recorded where she has stated that the accused persons were only pressurizing her for marriage and has denied of anything wrong and she herself went home in the morning. The same has also been stated in her statement recorded under section 164 of Cr.P.C and there is no any complicity of the petitioners in the instant case. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail

Patna High Court CR. MISC. No.29415 of 2022(2) dt.18-10-2022 3/3 on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VIIcum-Special Judge, POCSO, Bettiah, West Champaran in connection with Sikta P.S. Case No. 114 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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