Allowed

Sadre Alam @ Sadre Alam Sheikh v. the State of Bihar

Patna HC15 Feb 2022CR. MISC./17733/2021

Case brief

AI extract

What is this about?

This single-judge oral order granted anticipatory bail to three petitioners facing arrest under multiple IPC charges including BNS/o IPC sexual offences and POCSO. The court noted conflicting police findings but held a quarrel among children occurred without adult liability.

What did the court decide?

Anticipatory bail granted; release on bail if arrested, subject to conditions under Section 438(2) Cr.P.C.

Sadre Alam @ Sadre Alam Sheikh Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17733 of 2021

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Arising Out of PS. Case No.-343 Year-2017 Thana- RAMNAGAR District- West Champaran

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======================================================

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SADRE ALAM @ SADRE ALAM SHEIKH Son of late Jajul Sheikh Resident of Village - Manguraha, P.S.- Ramnagar, Distt.- West Champaran.

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AMBEYA KHATOON W/o Sadre Alam @ Sadre Alam Sheikh Resident of Village - Manguraha, P.S.- Ramnagar, Distt.- West Champaran.

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ASGARI KHATOON W/o Rafi Alam Resident of Village - Manguraha, P.S.Ramnagar, Distt.- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL ORDER

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5 15-02-2022 Heard the parties through video conferencing.

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The petitioners seeks bail in anticipation of their arrest

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in connection with Ramnagar P.S. Case No.343/2017 instituted for the offences under Sections 341, 342, 376, 511, 323, 324, 504, 506, 447 and 34 of the Indian Penal Code & Section 4 of POCSO Act.

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Learned counsel for the petitioners submits that the police did not find case under sections 376 and 511 of the Indian Penal Code as against the petitioners but the court has taken cognizance. Learned counsel also submits that the statement made by the victim girl under section 164 Cr.P.C. shows that

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Patna High Court CR. MISC. No.17733 of 2021(5) dt.15-02-2022 2/2

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there are quarrel between the children. Learned counsel submits that the petitioners cannot be said to have committed any offence.

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Taking into consideration the overall aspect, I am inclined to allow the anticipatory bail to the petitioners and in the event of arrest, they shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Sanjeev Prakash Sharma, J)

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amit/-

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U T

Sadre Alam @ Sadre Alam Sheikh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sadre Alam @ Sadre Alam Sheikh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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