Shanul Alam @ Ahsanul Alam Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Shanul Alam @ Ahsanul Alam Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge, POCSO Act, East Champaran, Motihari.

Issue for consideration

Whether regular bail should be granted to the petitioner (Shanul Alam @ Ahsanul Alam) in connection with Harsidhi P.S. Case no. 573 of 2022, registered under sections 366A and 34 IPC and sections 8, 10 and 12 of the POCSO Act.

Court's answer

Having heard learned counsel and weighing the FIR allegations, counsel's submissions, the case-diary medical report estimating the victim's age at 18 to 20 years, her statement under section 164 Cr.P.C., the petitioner's custody since 3.10.2023 and submission of the charge-sheet, the petitioner is directed to be enlarged on bail in connection with Harsidhi P.S. Case no. 573 of 2022, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge, POCSO Act, East Champaran, Motihari.

Detailed headnote1 paragraphs

Patna High Court — Criminal Miscellaneous No.1321 of 2024 (Oral Order, Partha Sarthy, J.) dated 21-03-2024: Regular bail granted to Shanul Alam @ Ahsanul Alam (in custody since 3.10.2023, no criminal antecedent) in connection with Harsidhi P.S. Case No. 573 of 2022 (Thana Harsidhi, District East Champaran), registered under sections 366A and 34 IPC and sections 8, 10 and 12 of the POCSO Act. Grounds weighed: FIR allegations (four named accused, including petitioner, seen near informant's house late at night; his 16-year-old daughter found missing the next morning); submissions of petitioner's counsel (false implication; daughter returned and, per her section 164 Cr.P.C. statement, went with petitioner voluntarily and married him; medical determination of her age as 18 to 20 years); custody since 3.10.2023; and submission of charge-sheet. Application opposed by learned APP for the State. Bail bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge, POCSO Act, East Champaran, Motihari. No precedent cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1321 of 2024

Arising Out of PS. Case No.-573 Year-2022 Thana- HARSIDHI District- East Champaran

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

SHANUL ALAM @ AHSANUL ALAM, S/O MANJUR MIYAN, R/O VILLAGE- SONVARSHA, P.S- HARSIDHI, DISTRICT- EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP

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

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

3 21-03-2024

Heard learned counsel for the parties.

The petitioner has preferred this application for

grant of regular bail in connection with Harsidhi P.S. Case no. 573 of 2022 registered under sections 366A and 34 of the Indian Penal Code and sections 8, 10 and 12 of the POCSO Act.

As per the prosecution case, the informant states that he saw the four named accused persons including the petitioner herein moving about near his house late in the night and the next morning he found his 16 years old daughter missing. As such the FIR.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The daughter of the informant returned and her statement was recorded under section 164 of the Cr.P.C. wherein she has stated about going

Patna High Court CR. MISC. No.1321 of 2024(3) dt.21-03-2024 2/2

with the petitioner voluntarily and having married him. It is further submitted that the age of the informant’s daughter has been medically determined to be between 18 to 20 years. The petitioner is in custody since 3.10.2023 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the submissions made, the contents of the medical report as has come in the case diary estimating the victim’s age to be 18 to 20 years, the contents of the statement under section 164 of the Cr.P.C. together with the petitioner having remained in custody since 3.10.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Harsidhi P.S. Case no. 573 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI^th -cum-Special Judge, POCSO Act, East Champaran, Motihari.

(Partha Sarthy, J)

avinash/- U