Suraj @ Bhuwar Turha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17432 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- CHOUTARWA District- West Champaran ====================================================== Suraj @ Bhuwar Turha Son Of Sri Yogendra Turha R/O Village- Mathia, P.S.- Lauria, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pramila Devi Wife Of Sri Indrajeet Ram R/O Village- Mishrauli, TolaPatilar, P.S.- Chautarwa, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 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 366 A/34 of the Indian Penal Code, Section 8 of the POCSO Act and Section 3(1)(r)(s) of the SC/ST Act.

As per F.I.R., the allegation against the petitioner is that he enticed away the daughter of the informant with intention either to marry or sell.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per statement recorded by the victim u/s 164 of Cr.P.C. which is annexed with the case

Patna High Court CR. MISC. No.17432 of 2023(3) dt.26-06-2023 2/2 diary, she has not whispered about the complicity of the petitioner rather she has stated that she has solemnized marriage with the petitioner out of her own sweet will. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 16.09.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Chautarwa P.S. Case No. 279 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 Additional Sessions JudgeVII-cum-the Special Judge under the POCSO Act, West Champaran at Bettiah.

(Sunil Kumar Panwar, J) lata/- U T