Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42563 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- MAHILA P.S. District- Sheohar ====================================================== Saroj Kumar S/o Nawal Kishore Sah, R/o village- Karariya, P.S.- Shyampur Bhataha, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sheohar Mahila P.S. Case No. 14 of 2022 lodged under Sections 363, 366A and 376 of I.P.C. read with Section 4 of POCSO Act. As per prosecution, the allegation of kidnapping with a view to marry is there in the F.I.R. It has been alleged in the F.I.R. that the petitioner has developed physical relation in the name of marriage.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel requested in the Court to peruse the specific observation

Patna High Court CR. MISC. No.42563 of 2022(2) dt.06-12-2022 2/2 made by the Additional Sessions Judge-I, rejecting the order by which it transpires that the allegation made in the F.I.R. has not been supported in her statement under Section 164 of Cr.P.C. and Section 376 of I.P.C. is absolutely not made out. Learned counsel also submits that the petitioner is in custody since 17.05.2022 and antecedent of the petitioner is clean. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cumSpecial Judge POCSO, Sheohar, in connection with Sheohar Mahila P.S. Case No. 14 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T