Patna High CourtCR. MISC./59376/2024bail granted

Abdul Salam @ Salman Sheikh @ Fulbabu v. The State Of Bihar

2024-10-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59376 of 2024 Arising Out of PS. Case No.-170 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Abdul Salam @ Salman Sheikh @ Fulbabu Son of Md. Nasir @ Md. Naseer R/o Mohalla- Mehsaul Got, Badi Masjid, Ward No.28, Sitamarhi, P.S.- Sitamarhi (Mehsaul O.P.), District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar 2.

Sheikh Noor Jahan D/o Md. Laddu R/o Village- Faizpur Ward No.- 03, P.S.- Nanpur, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP For the Informant/s :

Mr. Hans Lal Mumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nanpur P.S. Case No. 170 of 2024 dated 13.04.2024 registered for the offences punishable under Sections 354C, 354B, 506, 509 read with Section 34 of the Indian Penal Code, Section 8 of the POCSO Act and Section 67C of I.T. Act.

3. As per the prosecution case, it is alleged that the petitioner and the co-accused person are sexually exploited the informant for the last six months by blackmailing her to make

Patna High Court CR. MISC. No.59376 of 2024(4) dt.26-10-2024 2/3 her photo and video viral which was taken by the petitioner secretly and they forced the informant to do sexual intercourse and threatened if she disclosed to anyone she would be killed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.04.2024.

5. Learned A.P.P. for the State and learned counsel for the informant opposed the bail petition of the petitioner and submitted that the petitioner and the co-accused person are sexually exploited the informant and made the obscene photo and video of the informant and got it viral on social media. Learned counsel has further submitted that the informant is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.59376 of 2024(4) dt.26-10-2024 3/3 Sessions Judge-VI-cum-Special Judge, Sitamarhi in connection with Nanpur P.S. Case No. 170 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T