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Patna High Court/1541/2022bail granted

Sagir Alam v. The State Of Bihar

2023-01-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1541 of 2022 Arising Out of PS. Case No.-383 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== SAGIR ALAM SON OF CHOKAT MIYAN R/O BAILBANVA TIWARI TOLA, P.S.- YOGAPATTI, DIST.- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 366A of the Indian Penal Code and sections 4, 8 and 12 of the POCSO Act.

As per the prosecution case, it is stated by the informant that his 14 year old minor daughter was kidnapped by the petitioner for the purpose of marriage. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The daughter of the informant returned and her statement was recorded under section 164 Cr.P.C. wherein she has not supported the prosecution case. The petitioner is in custody

Patna High Court CR. MISC. No.1541 of 2022(3) dt.06-01-2023 2/2 since 7.9.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the statement of the victim under section 164 Cr.P.C. wherein she has not supported the prosecution case together with the petitioner having remained in custody for more than a year since 7.9.2021, chargesheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Yogapatti P.S. Case no. 383 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge POCSO - cum - A.D.J. VI, West Champaran, Bettiah.

(Partha Sarthy, J) Spd/- U T