Bhawesh Sah @ Bhovesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19352 of 2024 Arising Out of PS. Case No.-161 Year-2023 Thana- BALRAMPUR District- Katihar ====================================================== Bhawesh Sah @ Bhovesh Sah son of Late Upendra Sah Village- Farsara PsBalrampur Dist- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Barik S/O Md. fayek R/O Village- Kirora, P.S- Balrampur, Distt.- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with G.R. No. 6922 of 2023 arising out of Balrampur P.S. Case No. 161 of 2023, registered for the offences punishable under Sections 363, 366(A) of the IPC.

3. As per prosecution case, the petitioner along with other accused persons kidnapped the minor daughter of the informant. When the informant met the petitioner and other accused persons, they abused him.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He further submits that when the informant and his

Patna High Court CR. MISC. No.19352 of 2024(9) dt.30-09-2024 2/2 family members came to know the real fact, they compromised the case. Not a single witness including the mother and father (the informant) of the victim had supported the allegation. It has further been submitted that the statement of the victim recorded during investigation was under pressure and duress. The petitioner is under custody since 08.12.2023.

5.

Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District JudgeVII-cum-special Judge, POCSO Court, Katihar in connection with G.R. No. 6922 of 2023 arising out of Balrampur P.S. Case No. 161 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) priyanka/- U T