Chandan Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51218 of 2021 Arising Out of PS. Case No.-260 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== CHANDAN KUMAR SAH S/o- Late Lala Sah R/O- Village - Bhagwanpur Ratti (Chak Nayit), P.S. - Vaishali, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the informant :
Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Vaishali P.S. Case No. 260 of 2021 instituted for the offences under Sections 341, 323, 363, 376(D), 302 of the Indian Penal Code read with Sections 4 and 8 of the Protection of Children from Sexual Offenses Act, 2012.
Learned counsel for the petitioner submits that the petitioner is in custody since 01.07.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that his two minor granddaughters were sleeping when at 12:00 in the night four named
Patna High Court CR. MISC. No.51218 of 2021(2) dt.03-02-2022 2/3 accused persons including the petitioner along with three unknown came and kidnapped (X), which was objected by (Y) (minor) but she was threatened on the point of pistol. It is further alleged that all the accused after kidnapping (X) committed gang rape and killed (X) and the body was thrown in the bush and in the morning (Y) (minor) narrated the entire occurrence disclosing the name of the named accused persons. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and the petitioner is a person with clean antecedent and further coaccused Ramesh in his confession has accepted that he established physical relationship with (X) and on her denial for marriage it was Ramesh who killed her.
Learned counsel for the informant vehemently opposes the bail application and submits that in nature of allegation as alleged the petitioner deserves absolutely no mercy, rather the (Y) minor, who is aged about 12 years, has very clearly disclosed the name of this petitioner also along with other named accused person who killed her sister and thereafter in the morning her dead body was found with sign of brutal sexual assault. Learned counsel for the informant further submits that even the postmortem report of the deceased records
Patna High Court CR. MISC. No.51218 of 2021(2) dt.03-02-2022 3/3 that she was sexually assaulted and then strangulated to death by a Nylon rope.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
The Court for the purposes of bail concurs with the submission of the learned counsel for the informant and the learned A.P.P., the Court in the nature of allegation is not inclined to grant bail to the petitioner in connection with Vaishali P.S. Case No. 260 of 2021 pending in the Court of learned Spl. Judge-POCSO-cum-Children Court-cumAdditional Sessions Judge-VI, Vaishali at Hajipur. Accordingly, prayer for bail is rejected.
(Satyavrat Verma, J) Kundan/- U T