Alim @ Sipahi Alam @ Alim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78198 of 2023 Arising Out of PS. Case No.-500 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Alim @ Sipahi Alam @ Alim Alam, Son Of Hanif Miyan R/O Vill - Sarisawa Bazar, Ward No. 12, P.S. - Majhauliya, Distt. - West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sujeet Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

For the Informant :

Mr. Rajdeep Kumar Mr. Shiv Kumar Dwivedy ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. The petitioner along with the informant and the victim in compliance of the order dated 04.03.2024 are present.

4. The informant, who is present in person at the outset, submits that he does not want that the petitioner should go to jail, but then, also submits that he should not indulge in such act as has been alleged in the instant F.I.R., on which the petitioner, who is also present in the Court, submits that he will

Patna High Court CR. MISC. No.78198 of 2023(4) dt.06-03-2024 2/2 not indulge in any act which would cause any agony to the informant or his family members.

5. The petitioner is a young boy aged about 18-19 years and has been alleged to have kidnapped the minor daughter of the informant for the purposes of marriage. The victim, who is present in the Court, also very boldly states that she is 18 years and on her own volition, she had left her home for getting married to the petitioner, but then, on seeing the victim, it does not appear that she is 18 years of age.

6. Since the informant has shown grace, as such, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI-cum-Special Judge POCSO, Bettiah, West Champaran in connection with Majhauliya P. S. Case No.500 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T