Dilip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24469 of 2018 Arising Out of PS. Case No.-302 Year-2017 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Dilip Sah, S/o Late Bhuneshwar Sah, Resident of Village- Kamlawarpatti, P.S. Harlakhi, Dist.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sadar P.S. Case No. 302 of 2017, registered for the offence punishable under Sections 363, 366(A), 376 of the Indian Penal Code and Section 4 of the POCSO Act.

The allegation is regarding abduction of the victim girl by the petitioner herein and then, the victim girl is stated to have been taken to Darbhanga and then to Samastipur and finally, to Delhi where the victim girl is stated to have stayed with the petitioner for three months. The victim girl has alleged that the petitioner was engaging in sexual relationship with her. The learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.24469 of 2018(3) dt.04-07-2018 2/2 the entire case would bear it out that the victim girl was living with the petitioner out of her own sweet will and voluntarily. It is submitted that the age of the victim girl has been found about 17-18 years during the course of medial examination. The petitioner is stated to be having a clean antecedent and he is languishing in custody since 14.03.2018.

Per contra, the learned counsel appearing on behalf of the informant has opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-CumSpecial Judge, Darbhanga in connection with Sadar P.S. Case No. 302 of 2017.

(Mohit Kumar Shah, J) ajay gupta/- U T