Amit Sah @ Sukru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24980 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -BALIA District- BEGUSARAI ====================================================== Amit Sah @ Sukru, son of Late Naresh Sah, resident of village - Chhoti Balia Bazar, Police Station - Balia, District - Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kr. Sharma, Advocate For the Informant : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Balia P.S.Case No. 204 of 2016 registered for the offences punishable under Sections 341, 323, 363, 366A, 398, 370A, 370D, 372, 373, 120B/34 of the Indian Penal Code, 3, 4 & 6 of Immoral Traffic Act and 4 & 8 of POCSO Act.

Allegation against the petitioner is that he forcibly took the victim, who is a minor girl, and handed over her to other co-accused, i.e, woman broker.

It has been submitted on behalf of the petitioner that there is seven days delay in lodging FIR and there is land dispute between the parties and petitioner is cousin brother of the victim girl and, as such, prosecution story does not appears to be believable. Learned counsel has also drawn my attention towards

Patna High Court Cr.Misc. No.24980 of 2017 (3) dt.11-07-2017 2/2 Annexure-3 which is an information given by RTI stating that no such recovery has been made and petitioner is in custody for three months.

Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that in a statement under Section 164 Cr.P.C. the victim girl has deposed against the petitioner.

Having heard both sides and considering the fact that victim girl was minor, I am not inclined to grant bail to the petitioner at this stage.

However, petitioner may renew his prayer for bail after framing of charge in this case before the court below, who will consider the materials available against the petitioner at that time and after considering the same he will pass an appropriate order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U