Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54886 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== CHANDAN SAH SON OF LATE TILAK SAH R/O VILLAGE- SUNDAR NAGAR MEHSAUL WARD NO. 37, P S SITAMARHI MEHSAUL O P, DISTRICT SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366A, 370, 370A, 372, 373, 376/120B of the Indian Penal Code and Sections 3, 4, 5 and 6 of the Immoral Traffic Act and Sections 4, 8 and 12 of the POCSO Act.

3. The allegation against the petitioner along with other is of engaging in immoral trafficking with the minor girls.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The statement of the victim recorded u/s 164 of the Cr.P.C., and she does not supported the prosecution

Patna High Court CR. MISC. No.54886 of 2023(2) dt.29-08-2023 2/2 case. He submitted that the victim girl was examined by the Medical Board and the medical report was prepared under the signatures of the three doctors and stated that the victim is a major girl, whose age is between 18 to 19 years. There is no specific overt act against the petitioner and charge-sheet has already been submitted. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 18.03.2023.

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 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Sitamarhi P.S. Case No. 207 of 2023.

(Sunil Kumar Panwar, J) arish/- U