Sekh Naiyarul Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68347 of 2021 Arising Out of PS. Case No.-395 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

SEKH NAIYARUL HASAN Son of Sekh Md. Yushuph Resident of Village - Baswariya, P.S.- Chautarwa, Distt.- West Champaran. 2.

Osaid Alam Son of Sekh Naiyarul Hasan Resident of Village - Baswariya, P.S.- Chautarwa, Distt.- West Champaran.

3.

Prevez Alam Son of Sekh Naiyarul Hasan Resident of Village - Baswariya, P.S.- Chautarwa, Distt.- West Champaran.

4.

Anjum Ara W/o Abre Alam Resident of Village - Baswariya, P.S.- Chautarwa, Distt.- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 366 and 376 of the Indian Penal Code besides Section 4 of the POCSO Act registered in connection with Chautarwa P.S.Case No. 395 of 2020. As per allegation, co-accused Junaid Alam committed rape upon the prosecutrix on the pretext of marriage and he retracted from his word.

The learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.68347 of 2021(2) dt.26-07-2022 2/2 that petitioners are father, brother and sister of Junaid Alam and it was the reason that they have been falsely implicated. He has submitted further that later on Junaid Alam solemnized marriage with the prosecutrix.

Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 7th-cum-Special Judge, POCSO, West Champaran in connection with Chautarwa P.S.Case No. 395 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T