Patna High CourtCR. MISC./41632/2023bail granted

Samsher Alam @ Samser Alam v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41632 of 2023 Arising Out of PS. Case No.-439 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== SAMSHER ALAM @ SAMSER ALAM S/O JUBAR ALAM R/O VillageLachhminiya, PS. Triveniganj, Dist. Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Triveniganj P.S. Case No. 439 of 2022 dated 19.9.2022 registered for the offence punishable u/s 366A, 504 and 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

Patna High Court CR. MISC. No.41632 of 2023(2) dt.24-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the victim was not forced to have illicit relation with another person. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.1.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with POCSO Case No. 27 of 2023 arising out of Triveniganj P.S. Case No. 439 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T