Ibran Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31404 of 2020 Arising Out of PS. Case No.-16 Year-2016 Thana- SATHI District- West Champaran ====================================================== IBRAN SHEIKH S/o Sheikh Ikbal Resident of Village-Haiswa, P.S.-Sathi, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 342, 323, 354B, 504, 506 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act 2012. Prosecution case is that when the informant namely Babita Kumari aged about 12 years had gone to attend call of nature in the nearby sugarcane field, in the meantime, three unknown persons came there and on the point of knife, they tried to take her away with them. On hulla, Bikau Chaurasiya and his family members came there then they fled away and concealed themselves in the house of Amin Sheikh. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.31404 of 2020(2) dt.27-01-2021 2/2 petitioner is innocent and has been falsely implicated in this case. He submits that police after investigation filed final form against the petitioner. Later on, the learned court below on the basis of case diary, taken cognizance against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, West Champaran, Bettiah in connection with Sathi Police Station Case No. 16 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T