Sanjay Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25428 of 2022 Arising Out of PS. Case No.-198 Year-2021 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Sanjay Kharwar, Son of Jag Mohan Kharwar Resident of Village - Sonhan, P.s.- Sonhan , Distt.- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2022 Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioner and the learned APP for the State. Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with POCSO Case No.05/2022 arising out of Chand P.S. Case No.198/2021 instituted under Section 366(A)/34, 372, 120(B) of the Indian Penal Code and Section 4 of POCSO Act. As per the allegation in the FIR, the informant alleged that her 16 years old daughter had gone to purchase vegetable but thereafter she failed to return and further alleged that one Lala Bind of Gajipur Modi is the person behind her disapperance. Accordingly, the FIR was lodged. Subsequently, the victim girl was recovered and she made statement under Section 164 of the Cr.P.C. in which

Patna High Court CR. MISC. No.25428 of 2022(2) dt.11-08-2022 2/2 amongst other she has alleged that it was the petitioner herein who took her to the house of one Guriya Devi and sold the victim girl for Rs.20,000/-.

Taking into account the allegation and the statement made by the victim girl under Section 164 Cr.P.C. against the petitioner herein, this Court, for the present, is not inclined to grant him privilege of bail, which is accordingly rejected. (Rajiv Roy, J) Prakash Narayan /- U T