Mohammad Shahil @ Md. Bhanu @ Md. Sahil Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35878 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Mohammad Shahil @ Md. Bhanu @ Md. Sahil Alam Son of Late Md. Manif @ Md. Manif Miya Resident of New Bus Stand, P.S. - Bettiah Town, District - West Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Om Prakash Mahto Son of Late Nathuni Mahto R/o New Bus Stand, Durga Nagar, P.S.- Bettiah Town, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Iqbal Asif Niazi, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Bettiah Town P.S. Case No. 43 of 2024 for the offences punishable under Sections 366A of the Indian Penal Code and Section 7 and 8 of the POCSO Act.
3. As per allegation, the accused persons including the petitioner had kidnapped the minor daughter of the informant for the purpose of marriage.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that in her statement
Patna High Court CR. MISC. No.35878 of 2024(3) dt.18-09-2024 2/2 recorded under Section 164 of the CrPC, the victim did not support the prosecution case. In medical report, no evidence has been found. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 26.01.2024.
5. On the other hand, the learned counsel for the informant has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Act-cum-ADJVI, West Champaran at Bettiah in connection with Bettiah Town P.S. Case No. 43 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Nirmal/- U T