Khedaru Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21368 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- BHANGHA District- West Champaran ====================================================== Khedaru Sah S/o- Sri Rajdeo Sah Village- Laukar Ps- Manpur Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meera Devi wife of Sri Doma Sah Village- Thukaha Ps- Bhangaha DistWest Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate Mr. Hemant Rai, Advocate For the Informant/s :

Mr. Sujeet Kumar, Advocate Mr. Kumar Awnish Ankit, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner; learned counsel for the informant and Ms. Meena Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO.

3. The case of the prosecution is that on 15.12.2023, the minor daughter of the informant aged about 13 years has gone to ease herself in the fields, at that time, petitioner along with two others were present and petitioner has kidnapped the

Patna High Court CR. MISC. No.21368 of 2024(9) dt.24-01-2025 2/3 daughter of the informant with an intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During course of investigation, the victim was recovered and has given her statement recorded under Section 161 and 164 of the Cr.P.C. In her statement under Section 164 of the Cr.P.C., she has stated that she has gone to her elder sister at Jamui as her mother has assaulted her. It is further stated that after one years, her brother has brought her. The statement recorded under Section 161 of the Cr.P.C. is also to the same effect. It is further submitted that the petitioner is languishing in judicial custody since 03.01.2024.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. 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 Bhangaha P.S. FIR No. 01 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court CR. MISC. No.21368 of 2024(9) dt.24-01-2025 3/3 two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge, under POCSO Act, West Champaran at Bettiah.

(Ashok Kumar Pandey, J) Sudhanshu/- U T