Sanni Alam @ Sarfuddin Alam @ Sarfulddin Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70803 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== Sanni Alam @ Sarfuddin Alam @ Sarfulddin Alam, Son of Late Mohammad Mian, Resident of Village- Murarpur, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu, Adv For the Opposite Party/s :

Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Harsidhi P.S. Case No. 6 of 2018 registered for the offence punishable under Sections 8 and 10 of the POCSO Act.

Informant who is a 12 years old minor girl has alleged that while she was standing near her door in the night at about 1:00 pm petitioner came and dragged her out for one kilometre and started teasing her and outraging her modesty and thereafter she came back and on her scream made, her co-villagers and family members came out and they were threatened by the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case on account

Patna High Court Cr.Misc. No.70803 of 2018(2) dt.10-12-2018 2/3 of political rivalry. Chargesheet against the petitioner has been submitted and cognizance has been taken under Sections 354A, 354 and 354B of the IPC and Section 8 of the POCSO Act. Petitioner has got no criminal antecedent and is in custody since 07.01.2018. His bail petition was earlier rejected by this Court vide order dated 27.04.2018 in Criminal Miscellaneous No. 25624 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge cum Special Judge at Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 6 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar

Patna High Court Cr.Misc. No.70803 of 2018(2) dt.10-12-2018 3/3 nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U