Rahul Kumar Sah @ Rahul Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58717 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== RAHUL KUMAR SAH @ RAHUL KUMAR GUPTA Son of Lalan Sah R/o vill - Masumganj, P.S. - Asarganj, Distt. - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Puja Kumari For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 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 366, 506/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant for the purpose of solemnization of marriage, when the daughter of the informant went to attend the nature's call.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she fled away from her house

Patna High Court CR. MISC. No.58717 of 2023(2) dt.01-09-2023 2/2 and reached Bhagalpur Station and called the petitioner, thereafter they both went to Delhi and solemnized marriage with him. He further submitted that the victim girl has medically examined and the Medical Officer determined her age is 17 to 19 years. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.02.2023.

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 Sultanganj P.S. Case No. 08 of 2023.

(Sunil Kumar Panwar, J) arish/- U