Sagir Mian @ Samir Mian @ Samir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54554 of 2022 Arising Out of PS. Case No.-271 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Sagir Mian @ Samir Mian @ Samir Alam S/O Khalil Mian @ Khalil Dewan R/O Village- Gamahriya, P.S.- Darpa, District- East Champaran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Pandey For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of POCSO Act. The prosecution case in nutshell is that petitioner along with other co-accused persons abducted the minor daughter of the informant. It is also alleged that the accused persons also took away Rs. 74,000/- and jewelry of Rs. 2 lakhs.
Patna High Court CR. MISC. No.54554 of 2022(2) dt.16-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The victim in her statement, recorded under Section 164 of Cr.P.C., has not whispered about the complicity of petitioner in this offence. She stated that she has solemnized marriage with co-accused Nizamuddin and she wanted to live with him. Moreover, the petitioner is languishing in judicial custody since 26.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ghorasahan P.S. Case No. 271 of 2022 on
Patna High Court CR. MISC. No.54554 of 2022(2) dt.16-02-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge POCSO East Champaran, Motihari.
(Sunil Kumar Panwar, J) nirajkrs/- U T