Bhulan Sahni @ Vuln Sahni @ Bhulan Kumar @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18214 of 2023 Arising Out of PS. Case No.-850 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Bhulan Sahni @ Vuln Sahni @ Bhulan Kumar @ Akhilesh Kumar S/O Nagendra Sahni R/V- Kawalpur, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366(A),34 of the Indian Penal Code and Section 8 of the POCSO Act.

According to the FIR, the informant alleged that the accused persons including the petitioner abducted her daughter, aged about 14 years, on the pretext of solemnization of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded u/s 164 of

Patna High Court CR. MISC. No.18214 of 2023(3) dt.27-06-2023 2/2 Cr.P.C., wherein, she stated that she went from her home to Jamunagar with the petitioner out of her own sweet will thereafter, she solemnized marriage with the petitioner. It is further submitted vide para 7 of the petition that the father of the victim has submitted educational record before learned Court below regarding verifying the date of birth of the victim, is false and concocted. Moreover, the petitioner has got no criminal antecedent and languishing in judicial custody since 23.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the victim girl is minor.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Motihari Muffasil P.S. Case No. 850 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cumSpecial Judge, Motihari, East Champaran.