Shashwat Singh Chauhan @ Sanu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14915 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Shashwat Singh Chauhan @ Sanu Singh Son of Hari Shankar Singh Resident of 203, A Block, Yugal Deep Cooperative Society, Ashiana Nagar, Phase II, P.S.- Phulwari, Distt.- Patna-800025, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Raj Kishor Sah Son of Yogendra Sah R/O- TRD Quarter No. 905/A, Near Indane Gas Agency, Khagaul, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Avanish Kumar Singh For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Spl POCSO Case No. 292 of 2024 arising out of Khagaul P.S. Case No. 294 of 2024 dated 26.08.2024 registered for the offences punishable u/s 96 of the BNS.
3. As per the prosecution case, unknown miscreant is alleged to have kidnapped the minor daughter of the informant on the pretext of marriage.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.14915 of 2025(2) dt.22-03-2025 2/3 this case. The petitioner is not named in the FIR. There is love affair between the petitioner and the victim girl. As per the statement recorded u/s 183 of the BNSS the victim has stated that she went with the petitioner of her own will and the petitioner is known to her since 2024 and they stayed in a room thereafter, the victim went with the petitioner to Muzzaffarpur but she has not raised any alarm while being taken to Muzzaffarpur. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. As per the medical report, neither any sign of sexual assault nor any internal or external injury was found on the informant and the doctor has opined that this is difficult to say whether rape has occurred or not. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.14915 of 2025(2) dt.22-03-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Patna in connection with Spl POCSO Case No. 292 of 2024 arising out of Khagaul P.S. Case No. 294 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T