Patna High CourtCR. MISC./59507/2023bail granted

Dularchand Sahani v. The State Of Bihar

2023-11-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59507 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== DULARCHAND SAHANI S/O RAGHUNATH SAHANI R/O VILLAGESEMUAPUR,PS. DUMARIYAGHAT, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Dumariyaghat P.S. Case No. 75 of 2023 registered for the offence under Sections 366A/34 of the Indian Penal Code, Sections 4,8 of the POCSO Act and Sections 3(1)(r)(s)/3(2)(v-a) of the SC/ST Act.

4. As per the prosecution case, the petitioner and other accused persons are said to have kidnapped the minor girl.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.59507 of 2023(3) dt.08-11-2023 2/2 this case on the basis of suspicion as he is the father of the main accused.

6. Learned counsel for the petitioner also submits that the petitioner is an old man of about 70 years and he is in custody since 16.04.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 75 of 2023.

10. After being released on bail, the petitioner is directed to co-operate in the trial by appearing in the Court below on every date either by himself or through his lawyer. (Sandeep Kumar, J) Vikas/- U T