Sheikh Farakul @ Farakul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31965 of 2026 Arising Out of PS. Case No.-130 Year-2026 Thana- SIKARPUR District- West Champaran ====================================================== Sheikh Farakul @ Farakul S/o Wakil Shekh @ Shekh Wakil R/o Village - Rakhai, PS - Shikarpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP Mr. Dhananjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Shikarpur P.S. Case No. 130 of 2026, registered on 06.02.2026 for the offences under Sections 103(1), 126(2), 127(2), 109(1), 61(2), 3(5) of the BNS.

3. As per the prosecution case, petitioner and ten other FIR named coaccused persons apart from fifty unnamed persons came to the doors of the informant and started breaking the doors of the house and dragged out the minor daughter of the informant and started assaulting her. They were agitated over the relationship of the minor daughter of the informant with a boy and thereafter, the mob tied the daughter of the informant

2/4 and the boy with a pole and cut the hairs of the boy and put a garland of slippers in his neck and paraded him in the village and also video-graphed the incident. Further allegation is that the daughter of the informant somehow fled away from the spot and hid herself in the house when the mob returned and strangulated her and hanged her dead body.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. From the sequence of offences as narrated in the FIR, it appears that the daughter of the informant returned to her home and out of shame, she committed suicide as she was found in objectionable condition with local boy. Learned counsel further submits that even the post mortem report does not support the prosecution story as only an abrasion has been found on the body of the daughter of the informant apart from ligature mark of size 7" long and 1" wide extending from below right ear to front of neck to below left mastoid. If the daughter of the informant were assaulted there would have been other injuries on the body. The ligature mark shows the daughter of the informant had committed suicide. Learned counsel also submits that in this background, the informant has named altogether 61 persons for being involved in the

3/4 occurrence of killing of his daughter but there is no eye witness. Even the grand mother of the deceased who claimed to be present in the house did not make any allegation against this petitioner. Learned counsel further submits that petitioner is having clean antecedent and he is custody since 09.02.2026. Charge sheet has been submitted.

5. Learned APP appearing for the State and learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that petitioner is named in the FIR with allegation that he along with other coaccused persons firstly assaulted the daughter of the informant and subsequently, strangulated her.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the doubtful nature of allegation and also considering submission of charge sheet against the petitioner and his period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned ACJM-6th, Bettiah, West Champaran/concerned court, in connection with Shikarpur P.S. Case No. 130 of 2026, subject

4/4 to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T