Ramkaran Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36732 of 2022 Arising Out of PS. Case No.-295 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== RAMKARAN SAH SON OF HAJARI SAH R/O VILLAGE- KUDARKAT, P.S.- CHHAURADANO, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366A, 341, 323, 504 and 34 of the Indian Penal Code & Section 8 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Abhishek along with the petitioner kidnapped his minor daughter.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that victim and Abhishek were in love and she

Patna High Court CR. MISC. No.36732 of 2022(2) dt.30-11-2022 2/3 eloped with Abhishek and petitioner being friend of Abhishek came to be implicated, it is next submitted that even in her statement recorded under Section 164 Cr.P.C, she has not alleged that petitioner either misbehaved with her, acted inappropriately or tried to commit any sexual offence rather has stated that she married Abhishek but after marriage there was some difference between them as such she went to her maternal uncle's place in Nepal.

Learned counsel for the petitioner next submits that petitioner is a young boy aged about 18 years and if he is sent to judicial custody, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals. It is also submitted that even victim has not stated anything which warrants judicial custody of the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.36732 of 2022(2) dt.30-11-2022 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhauradano P.S. Case No. 295 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

One of the bailors of the petitioner shall be his father, namely, Hajari Sah.

(Satyavrat Verma, J) Rishabh/- U T