Manish Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40341 of 2022 Arising Out of PS. Case No.-225 Year-2021 Thana- SONBERSA District- Saharsa ====================================================== MANISH SADA Son of Satish Sada @ Chhatish Sada @ Chatis Sada Resident of Village - Pararia, P.S.- Sonbarsa Raj (Kashnagar O.P.), District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 363, 366A of the Indian Penal Code and sections 08 and 12 of the POCSO Act. As per allegation in the FIR, petitioner in connivance with his other associates, kidnapped the minor daughter of the informant, aged about 14 years, by a motorcycle with a view to marry her.

It is submitted by learned counsel for the petitioner that petitioner in innocent and he has been falsely implicated in this case. There was love affair between the petitioenr and daughter of the informant. In statement of the victim girl

Patna High Court CR. MISC. No.40341 of 2022(4) dt.18-01-2023 2/2 recorded u/s 164 Cr.P.C., she has clearly stated that out of her own sweet will, she has eloped with the petitioner and at Haryana they performed marriage in a temple. She has not whispered about wrong doing against the petitioner. It is further submitted that doctor opined her age below 18 years in medical report. Petitioner is languishing in judicial custody since 10.12.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge POCSO at Saharsa in connection with POCSO No. 5 of 2022 corresponding to Sonbarsa Raj P.S. Cse No. 225 of 2021. (Sunil Kumar Panwar, J) sushma/- U