Patna High CourtCR. MISC./64738/2021bail granted

Md. Salman Mian @ Salman Mian v. The State Of Bihar

2022-09-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64738 of 2021 Arising Out of PS. Case No.-115 Year-2021 Thana- LAURIA District- West Champaran ====================================================== Md. Salman Mian @ Salman Mian S/O Sarfuddin Mian @ Bismillah Mian R/o village- Fulwariya, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 366A/34 and other ancillary sections of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded under section 164 Cr. P. C. has not stated about the complicity of the petitioner rather she has stated that one of the co-accused Munna Mian used to talk with this petitioner. Police after investigation submitted final form and did not sent up the petitioner for facing trail. Petitioner is constable in SSB posted in the border area. Petitioner has got no criminal antecedent.

Considering the aforesaid facts of the case as also the

Patna High Court CR. MISC. No.64738 of 2021(4) dt.28-09-2022 2/2 aforesaid statement of the victim, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above 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 Sessions Judge VII cum Special Judge, POCSO Act West Champaran, Bettiah in Lauriya Police Station Case No. 115 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T