Saif Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43779 of 2019 Arising Out of PS. Case No.-268 Year-2018 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== SAIF KHAN, age about 20 years, Male, Son of Rahman Khan, R/o VillageBhabua, Ward No.8, P.S.- Bhabua, District- Kaimur at Bhabua, at present R/o Village- Bhualpur, P.S.- Chainpur, District- Kaimur at Bhabua. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Tribhuwan Narayan, Advocate.

For the Opposite Party :

Mr.Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 14.06.2019 in a case for the offence registered under Sections 366(A)/34 of the IPC.

The prosecution story, in brief, is that on 14.04.2018 the daughter of the informant, namely, Laxmi Kumari, has taken 100 rupees and gone to purchase book but she did not return back. She was being searched but did not trace out. Informant suspected hand of five persons namely, Irfan Khan, Md. Danish Ali Khan, Rashid Khan, Shahnawaz Khan and Saif Khan (petitioner) and he went at their home and requested to return his daughter but they refused to return her.

Patna High Court CR. MISC. No.43779 of 2019(2) dt.16-07-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The victim has been examined under Section 164 Cr. P.C. There is no allegation of any sexual or physical assault alleged against the petitioner. It is further submitted that the victim was travelling to different places but at no point of time she has protested the misconduct of the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st Kaimur at Bhabua, in connection with POCSO Reg. No. 19B-47A/2018, arising out of Bhabua P.S. Case No. 268 of 2018.

(Sudhir Singh, J) U.K./- U T