Patna High CourtCR. MISC./60775/2023allowed

Shawan Sah v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60775 of 2023 Arising Out of PS. Case No.-579 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Shawan Sah Son Of Nandu Sah R/O Vill - Chanpatiya, Ward No. 3, P.S. - Chanpatiya, Distt - West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366, 376, 504, 506 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner enticed away her daughter on the pretext of marriage. It is further alleged that co-accused persons/family members of the petitioner also threatened him of dire consequences.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. As per statement of the victim recorded under

Patna High Court CR. MISC. No.60775 of 2023(2) dt.22-09-2023 2/2 Section 164 of the Cr.P.C., which is annexed as Annexure-2, wherein the victim has stated that she was in love with this petitioner and she went with him with her own sweet will thereafter they solemnized marriage. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.02.2022.

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

6. 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 Chanpatiya P.S. Case No. 579 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T