Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3921 of 2019 Arising Out of PS. Case No.-301 Year-2018 Thana- BAKHTIARPUR District- Saharsa ====================================================== Sajan Kumar , aged about 26 years, Male, Son of Shri Rajeev Paswan, R/o Village-Mohalla Nehru Mohalla Ward No.9, Simri-Bakhtiyarpur, P.S.- Bakhtipur, District -Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Jha, Adv For the Opposite Party/s :

Mr.Ram Bilash Roy Raman,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 366A of the Indian Penal Code and Section 8 of POCSO Act.

Submission is that though in her statement under Section 164Cr.P.C., the victim has alleged that the petitioner forcefully took her away, however, the perusal of entire statement and conduct of the victim would show that she had voluntarily gone with the petitioner and under pressure, she made statement under Section 164 Cr.P.C. There is no other allegation against the petitioner.

Considering the aforesaid facts, let the

Patna High Court CR. MISC. No.3921 of 2019(3) dt.16-04-2019 2/2 petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bakhtiyarpur Police Station Case No.301 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T