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2025 DAILYLAW 22178 (PAT)

Parvez Alam @ Parwej Aalam v. The State of Bihar

CR. MISC./12374/2025 · 2025-05-13

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12374 of 2025 Arising Out of PS. Case No.-46 Year-2024 Thana- MAHILA P.S District- West Champaran ====================================================== Parvez Alam @ Parwej Aalam S/O Abdul Kalam @ Abdul Miyan R/O Village- Bairiya, Ward No.-08, P.S- Bairiya, Distt.- West Champaran. ... ... Petitioner/s Versus 1. The State of Bihar 2. Shabila Khatun W/O Bhikhari Miyan R/O Village- Bairiya Ward No. 08, P.S- Bairiya, Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sarvesh Kashyap For the Opposite Party/s : Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 13-05-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2. The petitioner seeks bail in connection with Bettiah Mahila P.S. Case No. 46 of 2024 registered for the offence under Sections 376, 323/34 of the Indian Penal Code and under Section 4 of the POCSO Act. 3. From the statement of the victim girl, it appears to be a case of consensual sex. The petitioner is in jail since 18.11.2024. 4. Learned counsel for the informant has submitted that in the trial, only 3 witnesses are yet to be examined. Patna High Court CR. MISC. No.12374 of 2025(3) dt.13-05-2025 2/2 5. Considering the aforesaid facts, this application is allowed. 6. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge-POCSO-cum-ADJ-VI, West Champaran/concerned Court below in connection with Bettiah Mahila P.S. Case No. 46 of 2024. 7. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner. Vikas/- (Sandeep Kumar, J) U