Patna High CourtCR. MISC./50274/2023bail granted

Umesh Sardar @ Mangal Sarkar v. The State Of Bihar

2023-10-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50274 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Umesh Sardar @ Mangal Sarkar Son Of Chouti Sardar Resident Of Village - Narha Ward No.4, Police Station - Triveniganj, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate For the State :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and Mr. Ram Anurag Singh, learned APP for the State.

2. The petitioner seeks bail in connection with Saharsa P.S. Case No. 48 of 2023 registered for the offence punishable under Section 364 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. A complaint was registered by the complainant alleging that the complainant's daughter was taken away by the petitioner's daughter, his wife and the petitioner and subsequently, she has been recovered.

4. Learned counsel for the petitioner submits that the present case is a counter blast to the Triveniganj P.S. Case No. 412 of 2022 registered against the prosecution side by the petitioner side. It has further been submitted that both the parties

Patna High Court CR. MISC. No.50274 of 2023(3) dt.11-10-2023 2/2 are doing business of dance etc. and there is a dispute between the parties. Learned counsel has also submitted that the alleged victim is a major and not minor. The petitioner is in jail custody since 25.02.2023.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI cum Special Judge (POCSO), Saharsa in connection with Saharsa P.S. Case No. 48 of 2023.

7. The petitioner will also mark attendance in Triveniganj Police Station, Supaul on the first Sunday of each month.

(Sandeep Kumar, J) P. Kumar U