Md. Sheikh Alam @ Bhuwar Sheikh @ Majri Alam Shekh @ Shekh Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65602 of 2022 Arising Out of PS. Case No.-599 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== MD. SHEIKH ALAM @ BHUWAR SHEIKH @ MAJRI ALAM SHEKH @ SHEKH ALAM Son of Shekh Jauwad @ Sk. Jauwar Resident of VillagePokhariya, Pokhariya, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 376, 313, 201 of the Indian Penal Code and sections4/12 of the POCSO Act. As per allegation in the FIR, petitioner has raped the 16 years old informant and since then he was in habit of establishing physical relationship resulting into her pregnancy. It is further alleged that petitioner has assured the informant to marry but he administered medicine to terminate her pregnancy and later on denied marriage.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. As per

Patna High Court CR. MISC. No.65602 of 2022(4) dt.17-04-2023 2/2 Medical report, no sign of abortion was found. There is delay of about three months in lodging the FIR without any plausible reason. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 26.7.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJ VII-cum-Special Judge (POCSO), West Champaran at Bettiah in connection with Shikarpur P.S. Case No. 599 of 2022. (Sunil Kumar Panwar, J) sushma/- U