Suman Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12255 of 2023 Arising Out of PS. Case No.-272 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== Suman Kumar Sah S/O Anil Sah @ Anil Kumar Sah R/V- Uchala Chowk (Babhani), P.S.- Barari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 120(B), 506, 34 of the Indian Penal Code, Section 3/ 4 of the Dowry Prohibition Act and Section 4 of the POCSO Act.

It is alleged against the petitioner that in the pretext of marry, the petitioner established physical relationship with the informant who is minor and continued the same for many times and thereafter denied to perform marriage.

Patna High Court CR. MISC. No.12255 of 2023(5) dt.16-10-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim is major and a married woman and only to extort money, this false accusation has been levelled against the petitioner. The medical report of the victim also controverts the prosecution version. The petitioner is languishing in custody since 10.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO,

Patna High Court CR. MISC. No.12255 of 2023(5) dt.16-10-2023 3/3 Bhagalpur in connection with Nathnagar P.S. Case No. 272 of 2022 (Special POCSO Case No. 77 of 2022). (Sunil Kumar Panwar, J) Shageer/- U T