Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59208 of 2018 Arising Out of PS.Case No. -104 Year- 2018 Thana -RAJPUR District- BUXAR ====================================================== Sunil Sah S/o Bachchu Lal Sah, R/o Vill.- Nagpur, P.S.- Rajpur, DistrictBuxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Rajpur P.S. Case No. 104/2018, registered for the offences punishable under Section 366A and 376 of the Indian Penal Code and section 4 and 8 of the P.O.C.S.O. Act.

Informant alleged that on 28.01.2018, her co-villager Ajeet Chouhan enticed her to Sikandarabad on the pretext of marriage. In the meantime, Sunil Sah (petitioner) who is friend of Ajeet Chouhan come in touch with informant and solemnized marriage with her in a temple and sexually harassed her. It has been submitted that informant and petitioner are wife and husband. Petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.59208 of 2018 (2) dt.09-10-2018 2/3 case. Informant is major.

Petitioner has no criminal antecedent. He is in custody since 24.05.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge Ist-cum-Special Judge, P.O.C.S.O. Act, Buxar in connection with Rajpur P.S. Case No. 104/2018 (P.O.C.S.O. Case No. 28/18), subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.59208 of 2018 (2) dt.09-10-2018 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T