Abdul Rahim Sheikh @ Abdul Rahim @ Abdur Rahim Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2213 of 2025 Arising Out of PS. Case No.-356 Year-2024 Thana- AMNAUR District- Saran ====================================================== Abdul Rahim Sheikh @ Abdul Rahim @ Abdur Rahim Sheikh son of Bandar Ali village- Sunai tola, ps- Manipur, Dist- Bogai, State - Assam ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Harendra Singh, ASI Amnaur Ps, Dist- Saran bihar 3.

Sweety Kumari D/o- Shabnaz R/o- Barpeta PS- Barpeta Dist- Barpeta StateAssam 4.

Zulekha Khatoon D/o- Bar Ali R/o- Jhajhar PS- Jajhar State-Haryana 5.

Rohima Khatoon D/o- Rofik Kul Islam R/o- Satmuni Tuk PS- Hawli DistBarpeta State- Assam 6.

Robina Praveen D/o- Rafik Kul Islam R/o- Satmuni Tuk PS- Howli DistBarpeta State- Assam 7.

Saheeda Khatoon D/o- Rofik Kul Islam R/o- Satbuni Tuk PS- Howli DistBarpeta State- Assam 8.

Pakhi Begum D/o- Azhar Miyan R/o- Fella PS and District- Barpeta StateAssam 9.

Anamika Pathak D/o- Mukul Pathak R/o- Sontalli Dist- Gwalpada DistAssam 10.

Rani Roy D/o- Tazil R/o- Dhundwali PS- Sarbook Dist- Barpeta StateAssam ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv For the Victim (s) : Mr. Kanishk Kausabh, Adv For the State :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned counsel for the victim(s) as well as learned APP for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Amnaur P.S. Case No. 356 of 2024 registered for the offences punishable u/s 143(I), 145, 98/3(5) of the B.N.S., under Section 8 of the POCSO Act, under Section 75 and 79 of the J.J. Act and Section 3/4/2/6 of the I.P. Act and Section 16/17/18 of the Bonded Labour System (Abolition) Act.

3. As per the prosecution case, the allegation against the petitioner is that he run various orchestra and forced the girls from Bengal and other place to work for him. It is further alleged that the police had recovered several girls from the orchestra owned by the petitioner and among the said recovered girls few were found to be minor.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that during the course of the investigation the statements of victim girls have been recorded and almost all the victims had stated that they were not forced into working with the petitioner's orchestra and they also stated that they used to frequently come to the place for performing dance and they had never faced any sexual assault. It is lastly submitted that the petitioner has clean criminal antecedent and

3/4 is in custody since 24.10.2024.

5. Learned APP for the state and learned counsel for the victim(s) have vehemently opposed the prayer for bail and has stated that the petitioner has been exploiting the innocent minor victim girls and they are accused of serious offence committed under the POCSO Act.

6. Considering the aforesaid submissions of the parties and taking into account the fact that the statements of the victim girls which were recorded during the course of the investigation and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Amnaur P.S. Case No. 356 of 2024.

7. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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8. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T