Majhar Alam @ Majahar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60819 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- SIRISIYA District- West Champaran ====================================================== Majhar Alam @ Majahar Alam S/o- Samim Miyan @ Samin Miyan R/o - Deurawa, P.S - Bhairoganj, District - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shesnath Mahto S/o- Late Bhagelu Mahto Village- Patkhouli Sirisiya PsSirisiya Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-02-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Sirisiya P.S. Case No. 5 of 2025, registered for the offences punishable under Sections 137(2), 140(3) of the BNS, 2023 and Sections 4 and 6 of the POCSO Act.

3. As per prosecution case, on 27.12.2024 at about 05:00 P.M., the informant's daughter aged about 15 years, returned home after working in the field and thereafter went to feed the cow, but did not return. On the informant's return, she was found missing and despite search and inquiry, her whereabouts could not be traced. It is further alleged that the informant later developed suspicion against one Dulari Devi of

Patna High Court CR. MISC. No.60819 of 2025(6) dt.02-02-2026 2/3 the same village, alleging that her daughter had earlier talked with the victim on a mobile phone and that Dulari Devi was aware of facts relating to the victim's disappearance.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the victim, in her statement contained in paragraph no. 101 of the case diary, stated that she had love and affection with the petitioner and she went with the petitioner with her own sweet will. She retracted from her version under pressure from her parents. The petitioner has been in custody since 07.03.2025.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, especially the period of incarceration, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO-cum-DASJ-VI, Wast Champaran, Bettiah/concerned Court in connection with Sirisiya P.S. Case No. 5 of 2025, subject to the following conditions that the petitioner shall

Patna High Court CR. MISC. No.60819 of 2025(6) dt.02-02-2026 3/3 cooperate in the disposal of trial and make himself available as and when required by the court.

7. The petitioner shall cooperate in the disposal of trial and make himself available on each and every date till conclusion of the trial.

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