Shekh Arman @ Shekh Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80077 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== Shekh Arman @ Shekh Bhola Son of Shekh Samsul, Resident of VillageMiyapur Tilangai, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Nath Verma For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bairiya P.S. Case No. 185 of 2019 for the offence punishable under Section 366A/34 of the Indian Penal Code and Section 4/8 of the POCSO Act.

The allegation is regarding the accused persons having kidnapped the victim girl.

The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 16.06.2019. It is further submitted that a bare perusal of the statement made by the victim girl under Section 164 Cr. P. C. before the learned Magistrate, would show that she has not

Patna High Court CR. MISC. No.80077 of 2019(3) dt.13-01-2020 2/2 taken the name of the kidnappers, as such the petitioner has been implicated merely on suspicion. Lastly, it is submitted that the other co-accused persons have already been granted bail by an order dated 3.12.2019 passed in Cr. Misc. No. 65478 of 2019.

Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judgecum- Special Judge, West Champaran at Bettiah in connection with Bairiya P.S. Case No. 185 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T