Khurshed Alam @ Khurshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61274 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== Khurshed Alam @ Khurshid Alam S/O Shamsuddin Ansari R/O VillageBhopatpur, P.S-Kotwa (BAJHIYA Bhopatpur O.P.), District-East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 366A, 363 of the Indian Penal Code and Section 8 of the POCSO Act.

Allegation against the petitioner is that he kidnapped the daughter of the informant with intention to marry her. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that after recovery of the victim girl, the statement of the victim girl was

Patna High Court CR. MISC. No.61274 of 2021(3) dt.18-04-2022 2/3 recorded under Section 164 Cr.P.C. in which she has not levelled any allegation of sexual assault against the petitioner. He further submits that POCSO Act is not attracted against the petitioner because the Doctor has assessed the age of the victim is 18 to 19 years and the petitioner is in custody since 05.08.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kalyanpur Police Station Case No.194 of 2021, with the 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 and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.61274 of 2021(3) dt.18-04-2022 3/3 And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T