Sabre Alam @ Sabre Alam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1504 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Sabre Alam @ Sabre Alam Khan Son Of Noor Alam @ Noor Alam Khan Resident Of Village - Charkuppa, P.S.- Rafiganj, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Irshad For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Rafiganj P.S. Case No. 194 of 2022 registered under sections 354(B), 354(D), 506, 509 and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

As per prosecution case, informant alleged that her daughter was pressurized and threatened by the co-accused persons including this petitioner for the purpose of marriage. When victim denied marrying, this petitioner molested her daughter.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.1504 of 2023(3) dt.28-03-2023 2/3 falsely been implicated in this case due to village politics. It is further submitted from para-8 of this petition that only allegation against the petitioner is that he had given the mobile to the victim for conversation with co-accused Sikandar Khan and when victim objected then petitioner molested her. There is love affairs between the co-accused Sikandar Khan and the victim. The petitioner has not committed any physical wrong with the victim. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 06.06.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 24.03.2023 in Cr. Misc. No. 75404 of 2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rafiganj P.S. Case No. 194 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.1504 of 2023(3) dt.28-03-2023 3/3 to the satisfaction of the learned Special Judge POCSO, Aurangabad.

(Sunil Kumar Panwar, J) shubham/- U T