Patna High CourtCR. MISC./46145/2024bail granted

Bhulan Sah v. The State Of Bihar

2024-07-04Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46145 of 2024 Arising Out of PS. Case No.-357 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Bhulan Sah Son of Sunil Sah Resident of Vill- Phulwariya, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Munnilal Sah Son of Late Mahath Sah Resident of Vill- Phulwariya, P.S.- Sugauli, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Sugauli P.S. Case No. 357 of 2023 for the offences punishable under Sections 363, 366, 376 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per allegation, the informant's daughter went to the house of his elder brother, but she did not return. On search, he came to know that the accused persons, including the petitioner had kidnapped the daughter.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has submitted further that the victim herself has

Patna High Court CR. MISC. No.46145 of 2024(2) dt.04-07-2024 2/2 stated that she has solemnized marriage with the petitioner and she has a pregnancy from wedlock of the petitioner.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cumSpecial Judge, POCSO Act, East Champaran, Motihari in connection with Sugauli P.S. Case No. 357 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T