Rohit Kumar Sah @ Rohit Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31197 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- KHANPURA District- Samastipur ====================================================== Rohit Kumar Sah @ Rohit Sah S/O Siyaram Sah R/O Village- Siropatti, P.S.- Khanpur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Aprajita, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. The petitioner is apprehending their arrest in a case registered for the offence punishable under Sections 363 and 366A/34 of the Indian Penal Code and Sections 8 and 17 of the POCSO Act.
Allegedly, it is a case of abduction of the daughter of the informant by the accused persons along with this petitioner. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C., wherein she stated that her age is 17 years (minor) and she on her own instance, went with this petitioner at Delhi and she also stated
Patna High Court CR. MISC. No.31197 of 2022(3) dt.14-12-2022 2/2 about complicity of other accused persons and not this petitioner. She further stated that another co-accused, namely, Gunjan Kumar and others misbehaved with her and not this petitioner and she has also not whispered in respect of complicity of this petitioner in this case.
Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four 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 Sessions Judge-VI-cum-Special Judge (POCSO), District- Samastipur in connection with Khanpur P.S. Case No. 34 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T