Patna High CourtCR. MISC./83526/2023allowed

Imteyaz Alam v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83526 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- SATHI District- West Champaran ====================================================== Imteyaz Alam Son Of Sk. Whab @ Ohab Miyan R/O Vill - Ramparsauni, P.S. - Sathi, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner 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 and Section 8 of POCSO Act.

3. Allegation against the petitioner is that he abducted the daughter of the informant when she went to attend the call of nature.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim recovered and her statement was recorded under Section 164 of the Cr.P.C. in which she has not whispered any complicity of the petitioner rather she stated that she out of her own sweet will, went out

Patna High Court CR. MISC. No.83526 of 2023(3) dt.31-01-2024 2/2 from her house. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sathi P.S. Case No. 218 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, VIIth cum Special Judge, POCSO, Bettiah, West Champaran. (Sunil Kumar Panwar, J) Shubham/- U T