Sudama Sahni @ Sudam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22993 of 2022 Arising Out of PS. Case No.-279 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== SUDAMA SAHNI @ SUDAM KUMAR S/o Ramayan Sahni R/o Village - Rekha Sunharpati, P.S. - Nautan, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code read with Section 8 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 02.08.2020 at 7:00 pm, her minor daughter, aged about 12 years, had gone to attend nature's call but she did not return home and on search she came to know that accused persons, including the petitioner, in connivance with each other had kidnapped her daughter for getting her married with the petitioner, accordingly when the informant went to the place of the accused persons along with family members, she was abused

Patna High Court CR. MISC. No.22993 of 2022(2) dt.07-11-2022 2/2 and threatened.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the victim's statement under Section 164 of the Cr.P.C. was recorded wherein she has disclosed he aged as 18 years, further the learned Magistrate has also assessed her to be a major, it is further submitted that the victim has not supported the prosecution case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nautan P.S. Case No. 279 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T