Sheikh Rashid @ Md. Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56184 of 2023 Arising Out of PS. Case No.-159 Year-2017 Thana- MUFFASIL District- West Champaran ====================================================== Sheikh Rashid @ Md. Rashid Son Of Sheikh Mujamil Village- Siswa Basantpur Ps- Chautarva Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code and Section 8 of the POCSO Act.

It is a case of kidnapping of the minor daughter of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.56184 of 2023(3) dt.29-11-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she herself eloped with the petitioner and solemnized marriage with the petitioner. The victim has recorded her age as 26 years. The petitioner is languishing in custody since 05.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) 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

Patna High Court CR. MISC. No.56184 of 2023(3) dt.29-11-2023 3/3 connection with Bettiah Muffasil (Manuapul) P.S. Case No. 159 of 2017.

(Sunil Kumar Panwar, J) Shageer/- U T