Mofij Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61907 of 2022 Arising Out of PS. Case No.-618 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Mofij Alam Son Of Hasnain Miyan Resident Of Village- Bankat Mushahari, Ward No. 02, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 342, 354(A), 354(C ), 354(D), 506 of the Indian Penal Code and Sections 8/12 of the POCSO Act. It is alleged against the petitioner that he made an attempt to establish forceful physical relation with the informant and on denial, he threatened to defame her in the society and also gave life threatening.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.61907 of 2022(5) dt.20-06-2023 2/3 been implicated in this case. It is further submitted that much prior to lodging of the present case, the petitioner had filed informatory petition in the Court of learned Sub-Divisional Officer, Bettiah against the informant and her parents for forcibly marrying the informant with the petition. It is also submitted that thereafter, Majhaulia P.S. Case No. 654 of 2022 was filed by the petitioner against the informant and her parents and others. Hence, as a retaliatory measure, the present F.I.R has been registered by the informant against the petitioner. The petitioner is languishing in custody since 23.08.2022.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.61907 of 2022(5) dt.20-06-2023 3/3 each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judgde, POCSO Act, West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 618 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T