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Patna High CourtCR. MISC./60173/2024bail granted

Budhan Sah v. The State Of Bihar

2024-12-16Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60173 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- Jai Bajrang District- East Champaran ====================================================== 1.

Budhan Sah S/O Morkhun Sah @ Merkhun Sah R/O Vill.- Mahmada Chaubey Tola, P.S.- Jai Bajrang, Dist.- East Champaran. 2.

Punam Devi W/O Budhan Sah R/O Vill.- Mahmada Chaubey Tola, P.S.- Jai Bajrang, Dist.- East Champaran.

3.

Kishundeo Sah S/O Morkhun Sah @ Merkhun Sah R/O Vill.- Mahmada Chaubey Tola, P.S.- Jai Bajrang, Dist.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nand Kishor Sah S/O Shri Baldeo Sah R/O Vill.- Mahmada Chaubey Tola, P.S.- Jai Bajrang, Dist.- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Jai Bajrang P.S. Case No. 18 of 2024 dated 12.06.2024 instituted for the offence punishable under Sections 363, 366A of the Indian Penal Code and Section 8 of POCSO Act.

3. The allegation against the petitioners is that they kidnapped informant's minor daughter (victim) aged about 15 years for the purpose of her marriage to co-accused Guddu Kumar.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.60173 of 2024(3) dt.16-12-2024 2/3 petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there was love affairs between the victim and co-accused Guddu Kumar. Learned counsel for the petitioners submits that petitioner nos. 1 & 2 are the parents of Guddu Kumar and petitioner no. 3 is the uncle of Guddu Kumar. The statement of the victim was recorded under Section 164 Cr.P.C. in which she has not whispered a word against the petitioners rather she stated that she herself went with one Vinod Kumar. There is no specific allegation against the petitioners, rather, the allegation against the petitioners are general and omnibus. Learned counsel for the petitioners further submits that the date of occurrence is 04.05.2024 but the F.I.R. has been lodged on 12.06.2024 without any plausible explanation for delay. Lastly, it has been submitted that petitioners have no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of the case and the statement of the victim recorded under Section 164 Cr.P.C. and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Jai Bajrang P.S. Case No. 18 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.60173 of 2024(3) dt.16-12-2024 3/3 amount each to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge, POCSO, Motihari, East Champaran, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T