Seikh Rakat @ Reekat Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50942 of 2024 Arising Out of PS. Case No.-149 Year-2022 Thana- SANOKHAR District- Bhagalpur ====================================================== Seikh Rakat @ Reekat Alam Son Of Md. Seikh Nazir @ Nazir Resident Of Bari Naki, P.S. - Sanokhar, District - Bhagalpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Md. Sajjabul Son Of Seikh Usman Resident Of Bari Naki, P.S. - Sanokhar, District - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Adv For the Opposite Party/s :
Mr.Rita Verma, APP For the Informant :
Mr. Rakesh Kr. Singh, Adv Mr. Rananjay Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Sanokhar P.S. Case No. 149 of 2022 dated 06.08.2022 registered for the offence/s punishable u/ss 366A and 504 read with section 34 of the Indian Penal Code and 8 of the POCSO Act.
3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. When the informant went to his house to make complaint, all the accused persons abused him.
Patna High Court CR. MISC. No.50942 of 2024(3) dt.13-11-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is a delay of 16 days in lodging the FIR. There was love affair between the victim and the petitioner. Learned counsel has further submitted that the victim girl is not traceless. The victim in her statement recorded u/s 164 of the Cr.P.C. has not stated the name of the petitiioner. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The other co-accused person has already been granted bail by this court vide order dated 24.01.2024 passed in Cr. Misc. No. 79510/2023. The petitioner has one criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the anticipatory bail petition of the petitioner by submitting that the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Bhagalpur in connection with Sanokhar P.S. Case No. 149 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.50942 of 2024(3) dt.13-11-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T