Satish Kumar Sahu @ Satish Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51333 of 2021 Arising Out of PS. Case No.-86 Year-2021 Thana- SIMRI District- Darbhanga ====================================================== SATISH KUMAR SAHU @ SATISH KUMAR SAH S/o Suresh Sah R/o village- Simri, P.S.- Simri, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Das, Advocate.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Simri P.S. Case No. 86 of 2021 initially registered under Sections 363, 366, 366(A), 372/34 of the Indian Penal Code, in which, later on Section-8/12 of POCSO Act was also added.

Allegation against the accused persons including the petitioner is of abducting the minor daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to

Patna High Court CR. MISC. No.51333 of 2021(2) dt.31-03-2022 2/2 mistake of fact. The victim has been recovered and her statement u/S 164 Cr.P.C. has been recorded in which, she has admitted that she had left the house out of her own sweet will. The victim has further stated that she solemnized marriage with the petitioner. She has not supported the allegation made in the FIR.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Darbhanga in connection with Simri P.S. Case No. 86 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T