Razzaque Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58118 of 2021 Arising Out of PS. Case No.-398 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Razzaque Dewan Son of Late Rahim Dewan Resident of Village - Mahua Bhusha, P.S.- Gaunaha, District - West Champaran. 2.

Nurain Dewan Son of Sobrati Sah Resident of Village - Patkhauli, P.S.- Sanichari, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai,Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-02-2022 Heard learned counsel for the parties through video conferencing.

Petitioners pray for bail in Shikarpur P.S. Case No. 398 of 2021, registered for the offence under Section 366(A) / 34 of the Indian Penal Code and Sections 8 / 12 of the POCSO Act.

As per the prosecution case, the minor daughter of the informant was kidnapped by co-accused Alfaz Dewan for the purpose of marriage in connivance with petitioners and other FIR named co-accused.

It is submitted on behalf of petitioners that thrust of the accusation is against co-accused Alfaz Dewan, against

Patna High Court CR. MISC. No.58118 of 2021(2) dt.03-02-2022 2/2 whom there was love affairs with the victim. So far as petitioners are concerned, they have been falsely implicated in this case. Petitioner no. 1 is father of co-accused Alfaz Dewan, whereas petitioner no. 2 is his (Alfaz Dewan) cousin. Petitioners have got clean antecedent and are in custody since 09.08.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the submissions of the parties and the fact that investigation is complete, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 7th cum Special Judge (POCSO Act), Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 398 of 2021.

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