Anil Sah @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17849 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Anil Sah @ Anil Kumar S/O Late Suresh Sah Resident Of Village- Parsa, P.S.- Purushottampur, District- West Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 366-A/ 34 of the Indian Penal Code and Section 8 of the POCSO Act, 2012. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her minor daughter on 23.11.2021 at 4.00 A.M. had gone to attend nature's call and did not return. Accordingly, a search was made, but the victim could not be traced. It is next alleged that Vivek Sah enticed his daughter on the pretext of marriage. Thereafter, informant went to the house of Vivek Sah for making inquiry where he was abused by other named accused persons. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.17849 of 2022(3) dt.26-09-2022 2/2 petitioner has been falsely implicated in the present. It is next submitted that the date of occurrence is 23.11.2021 and the F.I.R. came to be instituted on 09.12.2021. It is also submitted that the victim has come back and has not supported the prosecution case in her statement under Section 164 of the Cr.P.C. and has disclosed her age as 20 years.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Purushottampur P. S. Case No.95 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T