Patna High CourtCR. MISC./43184/2023bail granted

Pannalal Sah v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43184 of 2023 Arising Out of PS. Case No.-539 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Pannalal Sah S/O Late Mangal Sah R/O Village- Gidda Ward No. 3 Ps. Chanpatiya Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Chanpatiya P.S. Case No. 539 of 2022 dated 18.10.2022. registered for the offences punishable u/s 366A read with 34 of the Indian Penal Code and Sections 12 and 17 of the POCSO Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.43184 of 2023(2) dt.25-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 161 of the Cr.P.C has not stated the name of the petitioner rather she has stated that she went to the house of her mousi due to scolding by her mother. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran at Bettiah in connection with Chanpatiya P.S. Case No. 539 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T