Sameer @ Chahat Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73064 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- Panchanpur District- Gaya ====================================================== Sameer @ Chahat Alam S/O Amjad Khan @ Mohammad Salaudin Resident of Village- Manikpur, Manikpur, Distt.- Arwal, At present Village- Rupin, P.SFatehpur, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanjay Saw S/O Jagganath Saw R/O Village- Panchanpur (Back Side Pandit Jee), P.S- Panchanpur, Distt.- Gaya.

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366(a) of the Indian Penal Code.

3. The case of the prosecution is that the minor daughter of the informant had gone to coaching classes and when she did not return, he contacted her coaching then he got information that on the day, she did not attend coaching classes rather she had gone with the petitioner. Accordingly, the FIR.

Patna High Court CR. MISC. No.73064 of 2024(4) dt.20-02-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It has further been submitted that during the course of investigation, victim was recovered and her statement has been recorded under Section 161 and 164 of the Cr.P.C. In her statement under Section 161 of the Cr.P.C., she has stated that she had gone with the petitioner and she went many places with the petitioner and in her statement under Section 164 of the Cr.P.C. she has stated that she went to Dehradun and the petitioner behaved with her. As such, there is much controversy between the statement recorded under Section 161 of the Cr.P.C. and 164 of the Cr.P.C. Further submission is that in medical examination, her age was determined as 18-19 years. Moreover, the petitioner is languishing in judicial custody since 25.04.2024 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Panchanpur P.S. Case No. 09 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.73064 of 2024(4) dt.20-02-2025 3/3 sureties of the like amount each to the satisfaction of learned ACJM-VI, Gaya.

(Ashok Kumar Pandey, J) Jagdish/- U T