Abulaish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27617 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- SATHI District- West Champaran ====================================================== Abulaish, Son of SK. Maqsood, Resident of Village- Kalabarwa, Police Station- Sathi, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Sathi P.S. Case No. 35 of 2018 registered for the offence punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8 POCSO Act.

Informant is the father of victim, who in his written complaint has stated that on 24.02.2018 in the evening he returned from Gorakhpur after treatment of his father. At 9.00 PM his daughter Prinyanka Kumari aged about 15 years had gone outside and thereafter she did not return and on next day even after much search she could not be located. On 27.02.2018 Shekh Wasim @ Lalbabu aged about 19 years

Patna High Court Cr.Misc. No.27617 of 2018(6) dt.05-09-2018 2/3 contacted to his son and accepted about the kidnapping of his daughter. He has further alleged that there are involvement of Sadre Alam, Irshad Alam, Imran Alam, Fajlu Rahman and petitioner in this kidnapping with intention to kill her. It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that daughter of the informant is a major girl, aged about 19 years. She was in love with son of petitioner since two- three years. It has been further submitted that no one has kidnapped the daughter of informant rather she has left her house herself due to love affairs. It has further been submitted that daughter of the informant has already filed a criminal writ bearing Cr.W.J.C. No. 1047 of 2018 before this Court for providing her protection. Petitioner has no criminal antecedent and he is in custody since 05.03.2018.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with

Patna High Court Cr.Misc. No.27617 of 2018(6) dt.05-09-2018 3/3 two sureties of the like amount each to the satisfaction of learned Addtional District and Sessions Judge-1st-cum-Special Judge, Bettiah, West Champaran, in connection with Sathi P.S. Case No. 35 of 2018.

(S. Kumar, J) veena/- U T