Kamre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4115 of 2021 Arising Out of PS. Case No.-126 Year-2020 Thana- SATHI District- West Champaran ====================================================== KAMRE ALAM Son of SHEIKH KAMRUL HODA Resident of Village - Belwa, P.S. - Sathi, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 12.08.2020 in connection with Sathi P.S. Case No. 126/2020 registered for the offences punishable under Sections 363/366-A/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other co-accused persons abducted the daughter of the informant for solemnizing marriage.

It is submitted on behalf of the petitioner that during the course of investigation, the victim was recovered and in her statement recorded under Section 164 Cr. P.C., it is clearly stated that she was caught by co-accused Aslam and was being taken to Surat by train. However, she was rescued by the police. It is further submitted that in 164 Cr. P.C. statement, the victim

Patna High Court CR. MISC. No.4115 of 2021(2) dt.16-03-2021 2/3 girl has not named this petitioner or has made any allegation against this petitioner. Chargesheet has already been submitted in this case. Petitioner has got no criminal antecedent and he is in custody since 12.08.2020.

Considering the 164 Cr. P.C. statement of the victim girl wherein she has not named this petitioner and also she has not alleged any role against this petitioner, coupled with the fact that petitioner has got clean antecedent, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned 7th Additional Sessions Judge cum Special Judge, POCSO Act, West Champaran, Bettiah, in connection with Sathi P.S. Case No. 126/2020, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.4115 of 2021(2) dt.16-03-2021 3/3 move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T