Shekh Md. Seraj @ Shekh Md. Sairaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76711 of 2018 Arising Out of PS. Case No.-461 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Shekh Md. Seraj @ Shekh Md. Sairaj, S/o Late Shekh Rojid @ Late Yusuf Ajad, Resident of village- Shekh Dhurwa, P.S. Bettiah Mufassil 9Manuapul), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bettiah Mufassil (Manuapul) P.S. Case No. 461 of 2018 registered for the offence punishable under Sections 354D of the Indian Penal Code and 8 POCSO Act. Informant is the mother of minor girl who has alleged in her written complaint that while her minor daughter used to go coaching institute, accused petitioner used to tease her and also made vulgar and filthy comments and even after warning he did not stop and the matter was complained to the Sarpanch of the Panchayat as her husband remain outside to earn his livelihood and petitioner was caught and handed over to

Patna High Court Cr.Misc. No.76711 of 2018(2) dt.19-12-2018 2/2 police.

It has been submitted on behalf of the petitioner that petitioner is a school going student. Petitioner has no criminal antecedent and he is in custody since 30.08.2018. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with Bettiah Mufassil (Manuapul) P.S. Case No. 461 of 2018 subject to the conditions that:-

(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 and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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.

(S. Kumar, J) veena/- U T