Bhav Sagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19928 of 2020 Arising Out of PS. Case No.-104 Year-2019 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Bhav Sagar Singh, aged about 50 years, Male, Son of Late Kapuri Prasad Singh 2.

Shila Devi, aged about 47 years, Female, W/o Bhav Sagar Singh 3.

Sanni Chouhan @ Sanni Kumar, aged about 22 years, Male, Son of Bhav Sagar Singh, all resident of Village - Pakaria, P.S.- Shambhuganj, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2020 Heard the parties through the virtual court proceeding. The petitioners apprehend their arrest in connection with Shambhuganj P.S. Case No. 104 of 2019 registered for the offence punishable under Section 366(a)/34 of the Indian Penal Code and Section 12 of the POCSO Act.

As per the F.I.R., there is allegation against the accused persons to kidnap the minor daughter of the informant. Learned counsel for the petitioners filed supplementary affidavit and he has stated in paragraph-3 that the daughter of the informant namely Mausham Kumari's Date of Birth is 16.02.2000, as such she was major and aged about more than 18 years. He further stated in paragraph-4 of the supplementary affidavit that the victim girl namely Mausham

Patna High Court CR. MISC. No.19928 of 2020(3) dt.14-10-2020 2/2 Kumari and Ravish Kumar (Accused No.1) has solemnized their marriage and gave a birth of Female Child on 13.03.2020 at Gamaria, Jharkhand, where his husband is working. He enclosed the Birth Certificate of the child as Annexure-5 of the supplementary affidavit. He further submits that petitioner nos.1 and 2 are mother-in-law and father-in-law and petitioner no.3 is Devar of the victim.

Learned A.P.P. for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of learned Additonal Sessions Judge-1, Banka in connection with Shambhuganj P.S. Case No. 104 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T