Paras Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60541 of 2022 Arising Out of PS. Case No.-245 Year-2022 Thana- KESARIA District- East Champaran ====================================================== 1.

Paras Sah S/O Late Badri Sah R/O Village- Kesariya, P.S.- Kesariya, DisttEast Champaran. 2.

Jitendra Sah S/O Late Dhrup Sah R/O Village- Kesariya, P.S.- Kesariya, Distt- East Champaran.

3.

Saubhagwati Devi @ Sobhawati Devi @ Sulawati Devi W/O Late Dhrup Sah R/O Village- Kesariya, P.S.- Kesariya, Distt- East Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 363, 366A/ 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and it is further submitted that the date of occurrence is 30.05.2022 and the F.I.R. came to ob instituted on 03.06.2022. It is next submitted that the victim was in love with Om Prakash Sah, the son of the petitioner no.1 and eloped with him and they performed marriage and are living as husband and wife. It is next submitted that victim is a major. It is next submitted that petitioner no.1,

Patna High Court CR. MISC. No.60541 of 2022(5) dt.03-07-2023 2/2 being father of Om Prakash Sah and petitioner nos.2 and 3, being relative of Om Prakash Sah, have been falsely implicated by the informant. It is further submitted that the victim has been recovered and in her statement recorded under Section 164 of the Cr.P.C., she has not supported the case of the prosecution. Learned A.P.P. very fairly submits that the victim has not supported the case of the prosecution in her statement recorded under Section 164 of the Cr.P.C.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judgecum-Special Judge, POCSO Act, East Champaran in connection with Kesariya P. S. Case No.245 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T