Sk. Aaras @ Shaikh Aras v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66529 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== SK. AARAS @ SHAIKH ARAS S/o S.K. Mohmad Jaan @ Late Shaikh Mohammad Jan R/o village- Baishakhawa, P.S.- Gopalpur, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-05-2022 Heard counsel for the petitioner, the State and the informant.

The petitioner is in custody in connection with POCSO Case No. 20 of 2021, arising out of Shikarpur P.S. Case No. 27 of 2021registered under sections 363, 366(A), 367 of the Indian Penal Code and 12/14 of the POCSO Act which has been lodged on the basis of Complaint Case No. 896C of 2020.

The petitioner is the father of accused Sartaj and as per the allegation when the informant failed to locate the victim girl he went to Sartaj's house where his family members denied the same and he apprehended that she has

Patna High Court CR. MISC. No.66529 of 2021(2) dt.12-05-2022 2/3 been kidnapped.

The counsel for the petitioner on the basis of supplementary affidavit filed by him has drawn this Court's attention to the statement made by the victim girl under section 164 of the Cr.P.c. wherein she has stated that she is 20 years old and had left the place on her own with accused Sartaj and they went to Delhi where they tied nuptial knots. Earlier the family members of the accused Sartaj were not ready to keep her but after the arrest of the petitioner herein, now they are willing to allow her to come to their home. Taking into account the statement made by the victim girl under section 164 of the Cr.P.C. wherein she has stated that she is 20 years old had gone to Delhi on her own, the petitioner is father of the accused Sartaj and has no criminal antecedent and the fact that charge-sheet has already been submitted; this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Additional District and Sessions Judge-VIIth cum Special Judge POCSO Act, West Champaran at Bettiah, in connection with POCSO

Patna High Court CR. MISC. No.66529 of 2021(2) dt.12-05-2022 3/3 Case No. 20 of 2021, arising out of Shikarpur P.S. Case No. 27 of 2021.

Anything recorded in this bail order shall in no way come in course of trial which shall be decided on its own merit.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T