Amarjeet Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7751 of 2025 Arising Out of PS. Case No.-100 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== Amarjeet Sah Son of Nageena Sah Resident of Village- Jaukatiya, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kedar Sah Son of Sukai Sah Resident of Vill- Mangalpur Gudariya, P.S.- Nautan, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sarvesh Kashyap, Advocate For the State :
Mr. Ramesh Chandra, APP For Opposite Party No.2 :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2025 Heard learned counsels for the parties.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 366A and 34 of the Indian Penal Code and Section 6 of the POCSO Act.
3. As per prosecution case, this petitioner, along with other accused persons named in the F.I.R., kidnapped minor daughter of informant for the purpose of marriage.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case with ulterior
Patna High Court CR. MISC. No.7751 of 2025(2) dt.07-03-2025 2/3 motive. As a mater of fact, the victim in her statement recorded under Section 164 of the Cr.P.C. has denied the factum of kidnapping and has categorically stated that she was in love with this petitioner and left the house on her own sweet will and thereafter, both of them went to Banglore where they solemnized marriage. It is further submitted that the present F.I.R. has been lodged after inordinate delay of 10 days and there is no plausible explanation for the same. Charge-sheet has already been submitted and petitioner is in custody since 13.11.2024. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature of accusation, statement of victim recorded under Section 164 of the Cr.P.C., period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.7751 of 2025(2) dt.07-03-2025 3/3 satisfaction of learned Special Judge POCSO-cum-Additional District Judge-VI, Bettiah, West Champaran in connection with Nautan P.S. Case No. 100 of 2018.
(Prabhat Kumar Singh, J) shashank/- U T