Vikash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27321 of 2022 Arising Out of PS. Case No.-175 Year-2021 Thana- DHANAHA District- West Champaran ====================================================== VIKASH SAH Son of Indrajit Sah R/O Village - Devipur Bazar, P.S.- Dhanaha, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 363, 366/34 of the Indian Penal Code and Section 8 of POCSO Act.

The prosecution allegation, in short, is that the accused person forcefully abducted the daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.27321 of 2022(2) dt.14-11-2022 2/2 petitioner. The petitioner has falsely been implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has stated that she left the house out of her own will and got married with the petitioner. The police after investigation submitted final form against the petitioner but the Court below differed with the police report and took cognizance against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VII-cum- Special Judge, POCSO, Bettiah, West Champaran in connection with Dhanaha P.S. Case No. 175 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pankaj/- (Sudhir Singh, J) U T