← Library
Patna High CourtCR. MISC./45952/2022allowed

Chandan Kumar Shah v. The State Of Bihar

2023-04-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45952 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- BALTHAR District- West Champaran ====================================================== Chandan Kumar Shah S/O Late Dhani Lal Shah Resident Of Village- Belwa, Shirisiya, P.S.- Sathi, District- W. Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Sharma For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code and Section 8 of the Protection of Children From Sexual Offences Act.

It is a case of kidnapping of minor daughter of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.45952 of 2022(5) dt.03-04-2023 2/2 been implicated in this case. The petitioner and the victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she herself eloped with the petitioner. The petitioner is languishing in custody since 13.05.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VII-cum-Special Judge (POCSO), West Champaran in connection with Balthar P.S. Case No. 41 of 2021.

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