Mohit Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58603 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Mohit Sahani S/O Kari Sahani R/O Village- Eathsrwa, P.S- Keoti, Distt.- Darbhanga, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Nath Jha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 366A of the Indian Penal Code.

As per prosecution case, the informant alleged that his daughter went outside for nature's call but she did not return her house. It is further alleged that informant started to search his daughter but he did not trace her. Later on he came to know that petitioner and other co-accused persons allured the victim girl and took away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The F.I.R. has been lodged after the inordinate delay of 11 days. There is love affair between

Patna High Court CR. MISC. No.58603 of 2023(4) dt.31-01-2024 2/2 the petitioner and daughter of the informant and they have known each other for more than three years. The victim girl has been recovered and her statement was recorded U/s Section 164 of the Cr.P.C., wherein she has stated that she left her house with her own sweet will and she has known the petitioner for three years. She went with the petitioner to Himachal Pradesh where they solemnized marriage. She has not raised any finger against the petitioner for any overt act. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 18.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Keoti P.S. Case No. 94 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act), Darbhanga. (Sunil Kumar Panwar, J) lata/- U T