Sagar Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13936 of 2024 Arising Out of PS. Case No.-113 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== SAGAR KUMAR @ CHHOTU S/O LATE SHIBU SHARMA @ BINDESHWARI SHARMA R/O VILLAGE- BAISA TOLA, ALAMNAGAR, P.S- ALAMNAGAR, DISTT.- MADHEPURA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajnish Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Udakishunganj P.S. Case No.113 of 2022 registered for the offence under Sections 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3.

Allegation against the petitioner is to have taken away the minor girl for the purpose of sexual intercourse along with other co-accused persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that victim itself

Patna High Court CR. MISC. No.13936 of 2024(2) dt.01-03-2024 2/2 stated in her statement as recorded under Section 164 of the Cr.P.C. that her age is about 19 years and further stated that she left her house and married with this petitioner out of her own sweet will and there is no any statement with regard to sexual assault against this petitioner. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 20.08.2022.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Udakishunganj P.S. Case No.113 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, Madhepura. (Ramesh Chand Malviya, J) S.Katyayan/- U T