Sheikh Aslam v. The State Of Bihar

Patna High Court Cr.Misc. No.12292 of 2017 (4) dt.20-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12292 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sheikh Aslam, Son of Sheikh Farman, Resident of Village-Chankigarh, P.S. Shikarpur, District West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate. For the Opposite Party/s : Mr. Sri Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 04 of 2017, registered under Sections 341, 323, 379 and 504/34 of the Indian Penal Code and Section 8/10 of the Prevention of Children from Sexual Offences Act. The accusation is that, on 06.01.2017, petitioner reached at the door of the informant and tried to unfold her cloths and carry her in the nearby hut. On raising alarm, when her mother rushed to save her then other accused named in the F.I.R. came there and assaulted to her mother. At that time, co-accused, Akthar Sekh, snatched the gold chain from the neck of the informant. Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.12292 of 2017 (4) dt.20-06-2017 father of the informant and the petitioner are next door neighbour and father of the informant took cash of Rs.1,60,000/- from the petitioner on pretext to arranging Visa and providing job in Gulf Country but father of the informant could not succeeded, on which, petitioner demanded the money from the father of the informant then informant lodged the present case with false allegation. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 04 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T