Anirudh Kumar Sah @ Anirudh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18405 of 2023 Arising Out of PS. Case No.-929 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Anirudh Kumar Sah @ Anirudh Kumar S/O Sri Rameshwar Sah Resident Of Village- Purainiya, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dadan Sah S/O Late Shiv Sah Resident Of Village- Purainiya, P.S.- Shikarpur, District- West Champaran.

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 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, 366A, 34 of the Indian Penal Code and 8/12 of the POCSO Act and Sections 3(1)(r)(s) of the SC/ST Act.

As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped daughter of the informant for the purpose of ulterior motives. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.18405 of 2023(3) dt.17-07-2023 2/2 previous enmity. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with case diary, wherein victim stated that she was in love with this petitioner and she went with him with her own sweet will and thereafter they solmenized marriage in a temple. It is further submitted that the petitioner suo-motu surrendered on 03.12.2022 and since then he is languishing in judicial custody 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 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 Shikarpur P.S. Case No. 929 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 Judge-VII-cum-The Special Judge under POCSO Act, West Champaran at Bettiah.

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