Sanoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28050 of 2022 Arising Out of PS. Case No.-39 Year-2020 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== 1.

Sanoj Ram S/O Satan Ram R/O Village- Pipariya, P.S.- Bagaha, DistrictWest Champaran 2.

Satan Ram S/O Kamal Ram R/O Village- Pipariya, P.S.- Bagaha, DistrictWest Champaran 3.

Kaushalya Devi W/O Satan Ram R/O Village- Pipariya, P.S.- Bagaha, District- West Champaran 4.

Nitu Devi W/O Saryug Ram R/O Village- Pipariya, P.S.- Bagaha, DistrictWest Champaran 5.

Ashish Chaudhary S/o Mahendra Chaudhary R/o village- Pipariya, P.S.- Bagaha, District- West Champaran ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party :

Mr.Ashok Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 366A/341/34 of the Indian Penal Code sections 8 and 12 of the POCSO Act. Prosecution's case in short is that the petitioners and other accused persons kidnapped minor daughter of the informant for solemnizing her marriage with petitioner no.1. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.28050 of 2022(2) dt.26-09-2022 2/2 implicated in this case. The victim in her statement recorded under Section 161 and 164 of the Cr.P.C. has stated that she solemnized her marriage with petitioner no. 1. As per the medical report doctor has opined age of the victim to be between 19 to 20 years. The victim is a major. The petitioners have clean antecedent as stated in para 3 of the bail petition. Similarly situated co-accused have already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 27868/2022.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge VII cum Special Judge POCSO, West Champaran, Bettiah in Bagaha Mahila Police Station Case No. 39 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T