Suresh Sah @ Suresh Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2678 of 2023 Arising Out of PS. Case No.-115 Year-2021 Thana- KORHA District- Katihar ====================================================== SURESH SAH @ SURESH SHAH Son of Kare Sah R/V- Bisaria P.S- Korha, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Korha P.S. Case No. 115 of 2021 dated 08.03.2021 registered for the offences punishable under sections 363 and 366A of the Indian Penal Code and section 04 POCSO Act.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant.

Patna High Court CR. MISC. No.2678 of 2023(2) dt.27-04-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the petitioner was made accused in this only because he is the father of the co-accused Mithlesh Kumar Shah. No offence under section 363 and 366A is made out against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.09.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Korha P.S. Case No. 115 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T