Abdul Wahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34831 of 2022 Arising Out of PS. Case No.-25 Year-2021 Thana- BALTHAR District- West Champaran ====================================================== ABDUL WAHID, S/o Shekh Mustafa R/o Ward No.7, Kharsahawa, P.S.- Balthar Shikharpur, P.S.- Sikta, 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. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Sections 363, 366A of the IPC and under Section 8 of the POCSO Act in connection with Balthar P.S. Case No.25/2021.

As per the allegation in the FIR, the petitioner was one of the person who abducted the minor daughter with the help of other accused person namely Safdar Ali. Learned counsel for the petitioner submits that there is two days delay in lodging of the FIR and a love affair has been turned into allegation against the accused persons including the petitioner herein. It is his last submission that one of the coaccused namely Safdar Ali has since been granted bail vide Cr.

Patna High Court CR. MISC. No.34831 of 2022(2) dt.13-09-2022 2/3 Misc. No.49932/2021 on 28.04.2022.

Taking into account the fact that he is in custody since 19.05.2022, there is delay of two days in lodging of the FIR, as per the 164 Cr.P.C. statement of the victim girl, there is no allegation of physical or sexual assault on the petitioner, one of the co-accused namely Safdar Ali has since been granted bail, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Balthar P.S. Case No.25/2021 to the satisfaction of learned 7th Additional District & Sessions Judge-cum-Special Judge, POCSO at Bettiah, West Champaran, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.34831 of 2022(2) dt.13-09-2022 3/3 presence;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T