Chandan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31987 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== CHANDAN SAHNI Son of Ramji Sahni @ Ramji Sahani Resident of village - Didarganj Bichla Tola, P.S. - Didarganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 342, 366, 376, 323, 504 of the Indian Penal Code, 4 of the POCSO Act and sections 3(2)(v)/3(2)(v)(a) of the SC/ST Act.

3. As per prosecution case, the petitioner abducted the minor daughter of the informant, aged about 17 years on the pretext of solemnization of marriage and thereafter established physical relationship with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is also submitted vide para 8, 9 & 11 of the petition that the

Patna High Court CR. MISC. No.31987 of 2023(3) dt.31-07-2023 2/2 petitioner and the victim were in love and victim girl went with the petitioner and lived peacefully in the house of petitioner between 1.7.2022 to 22.1.2023 but during that course, the victim has not made any complaint against the petitioner. The victim also solemnized marriage with the petitioner. The medical report shows the age of victim is about 17-19 years. It is also submitted that the FIR has been lodged in delay of about six months. The petitioner has got no criminal antecedents and languishing in judicial custody since 1.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Didarganj P.S. Case No. 37 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned special Judge (POCSO Act), Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T