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Patna High CourtCR. MISC./65686/2018bail granted

Sahe Alam v. The State Of Bihar

2018-11-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65686 of 2018 Arising Out of PS.Case No. -399 Year- 2018 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Sahe Alam Son of Anwarul Haque R/o Mohalla- Gopalganj Dargah, P.S. & District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mohammad Sufyan, Adv. For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Gopalganj Town P.S. Case No. 399/2018, registered for the offences punishable under Sections 366A and 363 of the Indian Penal Code and section 8 of the P.O.C.S.O. Act.

Allegation is of kidnapping of grand-daughter of the informant for the purpose of marriage.

It has been submitted that petitioner has falsely been implicated in this case. The victim girl is 'Facebook' friend of petitioner and she voluntarily left her house and went to Gopalganj to meet the petitioner and has been living in his house for four days. The same fact is reiterated by the victim girl in her statement

Patna High Court Cr.Misc. No.65686 of 2018 (2) dt.06-11-2018 2/2 recorded under Section 164 Cr.P.C.

Petitioner has no criminal antecedent. He is in custody since 19.07.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge Ist, Gopalganj in connection with Gopalganj Town P.S. Case No. 399/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

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

(S. Kumar, J) Vinita/- U T