Shamshad Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 45826 of 2019 Arising Out of PS. Case No.-44 Year-2018 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Shamshad Mian Son of kaushar Mian Resident of village - Parsa, P.S.- Purushottampur, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 363, 366(A)/34 of the Indian Penal Code and Section8 of the POCSO Act. Prosecution case in short is that minor daughter of the informant went out from the house to defecate but she did not return. It is alleged that the accused persons stated the informant that his daughter has been kidnapped.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-01-2019. Charge sheet has

Patna High Court CR. MISC. No. 45826 of 2019(2) dt.24-07-2019 2/2 already been submitted. The victim has been examined u/S 164 Cr.P.C. in which, she has not supported the allegation made in the FIR. She had left the house out of her own sweet will and she has solemnized marriage with the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 learned Additional District & Sessions Judge-Ist-cum-Special Judge, Bettiah, West Champaran in connection with Purushottampur P.S. Case No. 44 of 2018.

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