Chandan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57742 of 2021 Arising Out of PS. Case No.-137 Year-2021 Thana- PAKRIDAYAL District- East Champaran ====================================================== Chandan Sahani S/O- Jageshwar Sahani Resident Of Village- Majhar, Godhiya Tola, P.S.- Pakaridayal, District- East Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ansul Mr. Anuj Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Pakaridayal P. S. Case No.137 of 2021, instituted for the offences under Sections 363, 366-A, 120-B/ 34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act. The learned counsel for the petitioner submits that the petitioner is in custody since 07.08.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges that his sister was kidnapped by Kundan Kumar and his family members including the petitioner

Patna High Court CR. MISC. No.57742 of 2021(2) dt.03-03-2022 2/3 for the purposes of marriage The learned counsel for the petitioner submits that petitioner has been falsely implicated merely because he is brother of Kundan Kumar. It is further submitted that the victim and the Kundan Kumar were in love and the victim eloped with him, but later when she came back under parental pressure, gave her statement under Section 164 Cr.P.C. where she alleges that Kundan Kumar had established physical relation with her without her consent.

The learned counsel further submits that as far as this petitioner is concerned, apart from the fact that it is alleged in the F.I.R. that he also helped Kundan Kumar in kidnapping the victim apart from that nothing has come during the course of investigation even.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and is brother of Kundan Kumar against whom the victim has alleged, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.57742 of 2021(2) dt.03-03-2022 3/3 Additional District & Sessions Judge-VII-cum-Special Judge, POCSO Act, East Champaran, Motihari in connection with Pakaridayal P. S. Case No.137 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T