Md. Manjoor Alam @ Manjur Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61981 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- ABADPUR District- Katihar ====================================================== Md. Manjoor Alam @ Manjur Alam Son of Doma Resident of Village - Madagachhi, Post - Abadpur, P.S.- Abadpur, District - Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Tasrifa Khatoon Wife of Saheer Resident of Village - Madagachhi, Post - Abadpur, P.S.- Abadpur, District - Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Helal Ahmad For the Opposite Party/s :
Mr.Mohammad Sufyan Mr.Firoz Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 363, 366, 376 of the Indian Penal Code and Section 4 of the POCSO Act.
3. As per prosecution case, co-accused Sahbaz Alam established physical relation with the victim on the false promise of marriage and this petitioner alongwith other coaccused are alleged to have sent the victim to Mumbai.
4. Learned counsel for the petitioner submits that the victim, in her statement recorded under Section 164 Cr.P.C., has not alleged any wrong against this petitioner and has stated that
Patna High Court CR. MISC. No.61981 of 2024(2) dt.06-12-2024 2/2 she went Mumbai with this petitioner. There is no allegation of any sexual assault against this petitioner and he is in custody since 17.06.2024. Chargesheet has been submitted.
5. Learned A.P.P. for the State and learned counsel for the informant opposed the bail petition.
6. Considering the period of custody and statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - VII cum Special Judge, POCSO, Katihar in connection with Abadpur P.S. Case No. 173 of 2023.
(Prabhat Kumar Singh, J) anay/- U T