Babujan @ Babu Khan @ Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52979 of 2022 Arising Out of PS. Case No.-244 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== BABUJAN @ BABU KHAN @ BABU Son of Gaffar Khan Resident of village - Chhota Beldari, P.S.- Bettiah Muffasil, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-03-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Mufasil P.S. Case No. 244 of 2020, registered for the offences punishable under Sections 366(A), 406, 34 of the Indian Penal Code and under Section 8 of the POCSO Act. At the very outset, the learned counsel for the petitioner has submitted that the victim is major and she herself has stated that none had kidnapped her and her mother had lodged a false case.

Considering the above-mentioned facts and

Patna High Court CR. MISC. No.52979 of 2022(3) dt.20-03-2023 2/2 circumstances, let the petitioner above-named 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 Special Judge (POCSO)-cum-A.D.J.-VI, Bettiah West Champaran in connection with Mufasil P.S. Case No. 244 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

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) kundan/Nirmal U T