Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49952 of 2021 Arising Out of PS. Case No.-398 Year-2021 Thana- MAHUA District- Vaishali ====================================================== SANJAY SINGH Son of Jhagru Singh @ Zagaru Singh Resident of Village - Chakdara, P.S.- Mahua, District - Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Umesha Nand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Mahua P.S. Case No. 398/2021 registered for the offences punishable under Sections 363, 365 of the Indian Penal Code, Sections 8, 10 and 12 of POCSO Act.

The allegation, as per the First Information Report, is that while the children of the informant were sleeping, at about 3:00 AM morning on 30.6.2021, the co-accused along with the petitioner and other unknown accused persons tried to abduct/kidnap the minor daughter of the informant aged about 10 years, however, the informant with the help of villagers caught hold the accused persons on the spot and handed over to the Police.

Patna High Court CR. MISC. No.49952 of 2021(3) dt.05-05-2022 2/2 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case due to the fact that prior to the occurrence an altercation between the co-accused Bhola Thakur and the informant had taken place in the marriage/reception party which was going on in the house of the informant, on the point of supply of wine etc. Learned counsel next submits that the petitioner is in custody since 2.7.2021 having no criminal antecedent and charge sheet has already been submitted. Regards being had to the submissions made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 2.7.

2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court POCSO cum Children Court cum ADJ VIth, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 398/2021. (Anil Kumar Sinha, J) S.