Sonu Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47379 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== SONU ALI S/O LATE SAKIM MIYAN R/O Village- Laxmipur, Ward No. 4, P.S- Raxaul, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the State :

Ms. Usha Kumari 1, APP For the Informant :

Mr. Krishna Kant Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366(A), 376, 420, 341, 323, 504, 506/34 of the Indian Penal Code, Sections 4 and 12 of the POCSO Act and Sections 3(i)(r)(s), 3(2)(va) of the SC/ST Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant and the specific allegation against this petitioner is that he established physical relation with her on the false pretext of marriage.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.47379 of 2023(6) dt.29-01-2024 2/3 committed no offence. He submitted that the victim girl has recovered and from the perusal of the FIR, it appears that the informant's daughter being major and in love affairs with the petitioner and also wanted to marry with him. He submitted that the informant's daughter has filed a petition dated 26.05.2023 in the Court below and has denied the allegation labelled against the petitioner in the FIR rather she has stated that on instigation made by the villagers in background of village politics and rivalry, her father has lodged the instant FIR, in fact, the allegation labelled in the FIR is baseless and in support of this annexure-2 is annexed with this petition. Learned counsel for the informant has also asserted the facts made by learned counsel for the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.47379 of 2023(6) dt.29-01-2024 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 7th-cum-Special Judge, POCSO, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 174 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T