Subodh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42779 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Subodh Mehta Son Of Dipnarayan Mehta Village- Jalsaha Bhitta, Ward No. 9, P.S.- Sonbarsa Raj, O.P Kashnagar, Distt.- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amar Keshri Son Of Late Satya Narayan Keshri Village- Kopa, Ward No. 14, P.S.- Sonbarsa Raj, O.P.- Kashnagar, Distt.- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2024 Heard Mr. Binod Kumar Sinha, learned counsel for the petitioner and Ms. Sharda Kumari, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 07.03.2024, in connection with Sonbarsa Raj P.S. Case No. 231 of 2023, FIR dated 03.10.2023 registered for the offence under Sections 363, 366A, 120B and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, petitioner and other co-accused persons have kidnapped the minor daughter of the informant.

4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and he has falsely been implicated in this case. He

Patna High Court CR. MISC. No.42779 of 2024(5) dt.18-09-2024 2/2 further submits that the petitioner was not named in the FIR, the name of the petitioner has been transpired during the investigation after about six months of the date of the occurrence.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that it has come during the investigation in paragraph no.35 of the case diary that the C.D.R. location of the petitioner suggests that he was also involved in the present crime in question apart from that in paragraph nos. 75, 98 and 161 of the case diary it is stated that the petitioner is also involved in the present crime in question and the victim is still traceless.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Sonbarsa Raj P.S. Case No. 231 of 2023 pending in the Court of learned Exclusive Court Special, POCSO, Saharsa.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T