Aanu Sah @ Manjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3678 of 2017 Arising Out of PS.Case No. -223 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Aanu Sah @ Manjay Sah, Son of Late Sheomuni Sah, Resident of Village: Lehra, P.S.: Siddi (Kargahar), District: Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sada Nand Roy, Advocate For the Opposite Party : Mr. Ram Naresh Ray (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 366(A)/34 and 376 of Indian Penal Code and Section 4 of POCSO Act.

It is alleged in the written report that daughter of the informant Rekha Kumari aged 16 years had gone to school and thereafter she did not return. It is further alleged that he saw accused persons talking with her daughter.

The counsel for the petitioner has pointed out the statement of the victim girl recorded under Section 164 of Cr.P.C., wherein she has stated her age to be 17 years and court has assessed her age to be 18 years. She was in love affair with Aanu Sah and she has stated that she went with him to perform marriage. The victim was medically examined wherein doctor has

Patna High Court Cr.Misc. No.3678 of 2017 (2) dt.06-02-2017 2/2 found her age to be 18 to 19 years.

In this manner, from the statement of victim girl recorded under Section 164 Cr.P.C., she has voluntarily gone with Aanu Sah, petitioner. She has further stated that she want to marry with this petitioner. The petitioner is said to be in custody since 14.10.2015.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge -cum- Special Judge, POCSO Act, Sasaram (Rohtas), in connection with Kargahar (Siddi) P.S. Case No. 223 of 2015, subject to the condition that both the bailors will be the close relative of the petitioner.

The petitioner is directed to remain present in court below on each and every date and he will not hamper the trial in any manner or intimidate the witnesses during trial. The court below will be at liberty to cancel the bail bonds of the petitioner in the event he remain absent on two subsequent dates or attempt to hamper trial by tampering the witnesses.

(Sanjay Priya, J.) ravi/- U T