The High Court released the petitioner on bail bearing bonds of Rs. 20,000 with two sureties in a case alleging offences under IPC and POCSO, given only suspicion and the charge-sheet stage.
Petitioner directed to be released on bail by furnishing bonds of Rs. 20,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14706 of 2023
Arising Out of PS. Case No.-576 Year-2022 Thana- BETTIAH CITY District- West
Champaran
======================================================
Masoom Alam Son of Shamim Alam @ Shamim Akhatar R/V- Jamadar Tola, P.S- Kalibagh O.P Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Advocate For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 16-05-2023
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.14706 of 2023(2) dt.16-05-2023 2/3
there is only suspicion against the petitioner that he tried to take away the daughter of the informant. The petitioner is resident of the same locality and the victim girl was hit by the bicycle of the petitioner and on the next day he was caught by the local people and handed over to the police with false allegation. From the facts of the FIR no offence under the provisions of POCSO Act is made out against the petitioner. The petitioner is in custody since 07.08.2022 and charge sheet has been submitted. The petitioner is having clean antecedent.
Patna High Court CR. MISC. No.14706 of 2023(2) dt.16-05-2023 3/3
No. 576 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in respect of offences under Sections 341/354B IPC and Sections 4/12 POCSO.
1 provisions across 1 enactments
Masoom Alam
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
