Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85505 of 2023 Arising Out of PS. Case No.-697 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Salim Son of Nijamuddin @ Nijamudeen R/o vill - Gamri Nagar Gali No. 14, P.S. - Khajuria Bhajanpura, Distt. - North East Delhi, Pin 110053, Presently R/o Vill - Baswaria Pipal Chauk, P.s. - Bettiah Town, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== 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 sections 363, 366(A) of the Indian Penal Code and Section 8 of POCSO Act.

3. Allegation against the petitioner is that he along with other co-accused persons abducted the daughter of the informant for solemnization of marriage.

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 was 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

Patna High Court CR. MISC. No.85505 of 2023(3) dt.31-01-2024 2/2 along with other co-accused persons in this alleged offence rather she stated that she out of her own sweet will went out 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 26.10.2023.

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 Bettiah Muffasil Manuapool P.S. Case No. 697 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 Special Judge POCSO cum Additional District Judge-VI, West Champaran, Bettiah. (Sunil Kumar Panwar, J) Shubham/- U T