Patna High CourtCR. MISC./61426/2023bail granted

Md. Sahid Khan @ Shahid Khan v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61426 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Md. Sahid Khan @ Shahid Khan Son Of Md. Hafiz Resident Of Villege - Madhuban Purani Bazar, P.S. - Madhuban, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Madhuban P.S Case No. 197 of 2023 dated 29.04.2023 registered for the offences punishable u/s 363, 366A and 120B read with 34 of the Indian Penal Code and Section 8 and 12 of the POCSO Act.

4. As per the prosecution case, the petitioner and the co-accused person along with 5 unknown miscreants are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.61426 of 2023(2) dt.12-09-2023 2/2

5. 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 conscious possession of the petitioner. Learned counsel further submitted that the victim was not forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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 Court concerned, East Champaran at Motihari in connection with Madhuban P.S. Case No. 197 of 2023.

8. The application stands allowed.

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