Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35788 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- TARARI District- Bhojpur ====================================================== Anil Sah, aged about 57 years, Male, son of Late Rajendra Sah resident of Mohalla - Shioganj, Ara, Police Station - Ara Town, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with POCSO Case No. 49 of 2020 arising out of Tarari P.S. Case No. 120 of 2020 registered for offences under sections 366(A)/34 of the Indian Penal Code and Section 8/12 of the POCSO Act.

In the present case, an allegation has been made that allegedly the son of the petitioner has taken away the girl with an intention to enter into marriage.

From the F.I.R., it appears that the girl is 17 years of age and she has left the house with her ornaments and bag and fled away with the son of the petitioner and other unknown persons.

Patna High Court CR. MISC. No.35788 of 2020(3) dt.09-02-2021 2/2 Learned counsel for the petitioner submits that the petitioner has no concern with the incident and has wrongly been implicated in the present case.

Looking to the entirety of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Bhojpur, Ara in connection with POCSO Case No. 49 of 2020 arising out of Tarari P.S. Case No. 120 of 2020, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) rishi/- U T