Ram Chandra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3966 of 2023 Arising Out of PS. Case No.-331 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== Ram Chandra Sahni Son Of Ramesh Sahni R/V- Bairiya, P.S- Ramgarhwa, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act and Section 3(1) (w)(i) of the SC/ST Act.

Petitioner is said to have kidnapped the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the Medical Board has assessed the age of the victim to be 18-19 years. He submits that the victim in her statement recorded under Section 164 of the Cr.P.C. has not supported the prosecution case. He submits that the victim went

Patna High Court CR. MISC. No.3966 of 2023(2) dt.06-04-2023 2/2 at Patna and solemnized her marriage with the petitioner in a Temple. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that the victim is a minor girl. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Ramgarhwa P.S. Case No. 331 of 2022.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T