Sk. Wasim @ Lalbabu @ Wasim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41018 of 2020 Arising Out of PS. Case No.-35 Year-2018 Thana- SATHI District- West Champaran ====================================================== SK. WASIM @ LALBABU @ WASIM ALAM Son of Resident of Village - Kalabarwa, P.S.- Sathi, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Adv.

For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sathi P.S. Case no. 35 of 2018 registered under sections 363, 366A and 34 of the Indian Penal Code and section 8 of the POCSO Act.

As per allegation in the FIR, it is stated by the informant that the accused persons including the petitioner herein kidnapped his minor daughter.

It is submitted by learned counsel for the petitioner that the daughter of the informant who is major was in love with the petitioner herein. The allegations as levelled in the FIR are false and concocted. It is submitted that the daughter of the informant appeared before the learned Court below, order sheet

Patna High Court CR. MISC. No.41018 of 2020(3) dt.19-03-2021 2/3 of which is Annexure-5 to the petition, wherein she was released to accompany the mother of the petitioner herein. The petitioner is in custody since 25.2.2020 and has no criminal antecedent. The father of the petitioner has been enlarged on bail vide order dated 5.9.2018 passed in Cr. Misc no. 27617 of 2018. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in view of the submissions made on behalf of the petitioner together with the contents of the ordersheet or the learned Court below which has been brought on record as Annexure-5 to the petition, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sathi P.S. Case no. 35 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran on the following conditions:

(i) One of the bailors of the petitioner shall be his close relative.

(ii) The other bailor of the petitioner shall be a resident of the local area under the jurisdiction of the learned

Patna High Court CR. MISC. No.41018 of 2020(3) dt.19-03-2021 3/3 Court below.

(Partha Sarthy, J) sushma/- U