Ijhar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9059 of 2021 Arising Out of PS. Case No.-554 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== IJHAR MIAN SON OF ALIM MIAN, R/o village- Odarwa Panchamwa, P.S.- Shikarpur, 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. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-02-2022 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. The petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 554 of 2020 registered for offence punishable under sections 448, 341, 323, 376, 511, 379, 380, 504, 506 of the Indian Penal Code and sections 8/12 of the Protection of Children from Sexual Offences Act, 2012.

The learned counsel for the petitioner has submitted that in paragraph nos. 12 and 13 of the case diary, the witnesses have stated that both the parties are agnates and there was some dispute between the parties regarding some money transaction. The

Patna High Court CR. MISC. No.9059 of 2021(3) dt.03-02-2022 2/2 witnesses have also stated that the allegation is far from the truth. Considering the materials emerged during the course of investigation, the Investigating Authority submitted Final Form. It has further been submitted that both the parties have compromised their dispute and a xerox copy of the compromise petition has been filed by way of supplementary affidavit, which is annexed as flag 'A'.

Considering the above mentioned facts and circumstances, the petitioner above named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, under POCSO Act, West Champaran at Bettiah in connection with Shikarpur P.S. Case No. 554 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T