Vishal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75259 of 2018 Arising Out of PS. Case No.-292 Year-2017 Thana- CHIRAIYA District- East Champaran ====================================================== Ramesh Sah son of Late Paras Sah, Resident of Village- Khadtari, P.S. Chiraiya, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 75284 of 2018 Arising Out of PS. Case No.-292 Year-2017 Thana- CHIRAIYA District- East Champaran ====================================================== Vishal Sah ... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 75259 of 2018) For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Vinod Shankar Modi (In Criminal Miscellaneous No. 75284 of 2018) For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2018 Since both the bail petitions arise out of same PS case they have been heard together and are being disposed of by this common order.

Heard both sides.

The petitioners seek bail in Chiraiya P.S. case No. 292 of 2017 registered under Section 342, 354(B), 354(c),354(D), 506, 509 of the Indian Penal Code and u/s 8 of the POCSO Act.

Patna High Court Cr.Misc. No.75259 of 2018(2) dt.18-12-2018 2/3 The mother of the victim made allegation that while her daughter was returning from school the petitioner and Vishal Sah, brother-in-law of his younger brother, surrounded her daughter. They caught her and took her phogotraphs and thereafter they started blackmailing her daughter. The learned counsel for the petitioners submits that the present case was lodged on 16.09.2017 against Rames Sah and Vishal Sah. The mother of victim filed Chiraiya P.S. case No. 394 of 2017 on 05.12.2017 under Section 366A/34 of the IPC for kidnapping of victim in which she made allegation that Ramsh Sah, Kiran Devi, Renu Kumari and Vishal Sah kidnapped her minor daughter but the victim made her statement under Section 164 of the Cr. P. C. on 18.12.2017.

The victim denied the factum of her kidnapping and disclosed that she voluntarily left her house and solemnized marriage with Vishal Sah. The victim disclosed her aged to be 19 years. It appears from the facts that victim was in love with Vishal Sah and due to that her mother firstly lodged Chiraiya P.S. case No. 292 of 2017 and when victim left her house and solemnized marriage the mother of victim lodged Chiraiya P.S. case No. 394 of 2017 but the victim denied the factum of her kidnapping.

Patna High Court Cr.Misc. No.75259 of 2018(2) dt.18-12-2018 3/3 Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the lime amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Motihari, East Champaran in connection with Chiraiya P.S. case No. 292 of 2017.

(Prabhat Kumar Jha, J) BKS/- U T