Patna High CourtCR. MISC./20266/2019bail granted

Santosh Kumar @ Santosh Kumar Singh v. The State Of Bihar

2019-05-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20266 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== SANTOSH KUMAR @ SANTOSH KUMAR SINGH Son of Birendra Singh Resident of Village - Got Ishray, P.S.- Kumarkhand, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 366(A)/34 of the Indian Penal Code and 8 of the POCSO Act.

The prosecution case in short is that the accused persons forcibly abducted the grand daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.10.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.20266 of 2019(3) dt.02-05-2019 2/2 implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which the name of the petitioner has not been taken by the victim. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum- Special Judge, POCSO Act, East Champaran at Motihari in connection with Ramgarahwa P.S. Case No. 246 of 2018.

(Sudhir Singh, J) Pankaj/- U T