Sheikh Najam @ Nejam Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42339 of 2017 Arising Out of PS.Case No. -208 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sheikh Najam @ Nejam Alam son of Ash Mohammad @ Sheik Ash Mohammad resident of Village - Dhanwatiya, P.S. - Jogapatti, District West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 Heard the parties.
The petitioner seeks regular bail in connection with Jogapatti P.S.Case No.208 of 2017, registered for offences punishable under Sections 341, 323 & 354 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual offences Act, 2012.
Allegation against the petitioner is of outraging the modesty of the minor daughter of the informant. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and they have settled the case outside the court and the petitioner is in custody for about three months.
Patna High Court Cr.Misc. No.42339 of 2017 (2) dt.12-09-2017 2/2 Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, under POCSO Act, West Champaran, Bettiah in connection with Jogpatti P.S.Case no.208 of 2017. With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T