Sahil @ Sohil @ Sahil Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10219 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- CHANDRADIP District- Jamui ====================================================== Sahil @ Sohil @ Sahil Khan S/o Kalam Khan R/o Village - Islam Nagar, Ward No.27, Near Byepass Road,(Gondapur), P.S - Nagar Thana, District - Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Dharmendra Kumar Saw S/o Harihar Sah R/o Village - Mohanpur, P.S.- Chandradeep, District- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chandradeep P.S. Case No. 55 of 2024 registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code and after investigation Section 376 of Indian Penal Code and Sections 4 and 6 of the POCSO Act has been added.
3. As per the prosecution story, the informant has alleged that on 20.03.2024, the petitioner - Sahil Khan kidnapped her daughter with the intention to marry her.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10219 of 2025(3) dt.09-05-2025 2/3 petitioner is innocent and has not committed any offence, he has falsely been implicated in this case on the basis of mere suspicion. The alleged allegation against the petitioner is purely false, concocted and frivolous. The victim herself stated in her statement recorded under Section 183 BNS that the petitioner is innocent and as such there is no hand of the petitioner in the alleged offence. Due to lack of information given by the victim to her family member, the F.I.R. was lodged.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. From perusal of the case record, it transpires that despite of service of notice, no one has appeared on behalf of the informant. From perusal of statement of the victim recorded under Section 183 of BNSS, it appears that the victim herself left her house and went to Kolkata on her own sweet will because her parents have scolded her and there was no hand of the petitioner - Sahil Khan in this case. She has not stated any fact against the petitioner in her entire statement. Petitioner is in custody since 31.03.2024 and chargesheet has been submitted against the petitioner in this case.
7. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be
Patna High Court CR. MISC. No.10219 of 2025(3) dt.09-05-2025 3/3 released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, POCSO, Jamui in connection with Chandradeep P.S. Case No. 55 of 2024 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U