Sajan Kumar Sah @ Sajan Kumar @ Praduman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4638 of 2024 Arising Out of PS. Case No.-139 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== Sajan Kumar Sah @ Sajan Kumar @ Praduman Kumar Son Of Suresh Sah Resident Of Mohalla - Krishna Nagar, Binwa Tola, P.S. - Sitamarhi, District - Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363, 366/34 of the Indian Penal Code.

3. As per FIR, the allegation against the accused persons including this petitioner is that they abducted daughter of the informant while she was going to bring water from the hand pump outside her house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement was recorded under Section 164 of the Cr.P.C., wherein she has not whispered against the petitioner regarding any

Patna High Court CR. MISC. No.4638 of 2024(4) dt.19-04-2024 2/2 physical assault and physical misbehave. She only stated about being taken away by the accused. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 30.9.2023. Moreover, similarly situated co-accused namely, Dipu Kumar has already been granted bail by this Court vide order dt. 22.2.2024 passed in Cr. Misc. No. 11153 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Suppi P.S. Case No. 139 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi.

(Sunil Kumar Panwar, J) Amandeep/- U T