Sanjeet @ Sandeep Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36283 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Sanjeet @ Sandeep Soni Son of Suresh Sah, Resident of Village- Sariswa Bazar, Ward No.- 07, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivjee Singh, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Majhaulia P.S. Case No. 366 of 2021, lodged under Sections 346, 363, 366(A), 370(A), 371, 372, 373, 354, 354(B), 506/34 of the Indian Penal Code read with Sections 3, 4, 5, 6, 7 & 8 of the Immoral Traffic (Prevention) Act, 1956, Section 8, 12 & 17 of the POCSO Act and Section 75 of Juvenile Justice Act. It has been mentioned in the F.I.R. that as per prosecution, the allegation of committing offence under Immoral Traffic Act, POCSO Act and different provisions of IPC are there in the F.I.R.

Patna High Court CR. MISC. No.36283 of 2022(2) dt.20-09-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is the victim of this occurrence. Learned counsel for the petitioner further submits that one co-accused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 27.01.2022 passed in Cr. Misc. No. 49451 of 2021.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge (POCSO Act), West Champaran, Bettiah in connection with Majhaulia P.S. Case No. 366 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.36283 of 2022(2) dt.20-09-2022 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T