Shankar Das @ Shankar Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69102 of 2024 Arising Out of PS. Case No.-849 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Shankar Das @ Shankar Ji S/o- Mahesh Das Resident of Village - Lakhaura Mohara Tola, P.S. - Lakhaura, District - East Champaran 2.

Santosh Das @ Ramji Das Son of Mahesh Das Resident of Village - Lakhaura Mohara Tola, P.S. - Lakhaura, District - East Champaran 3.

Mahesh Das Son of Late Ramashish Das Resident of Village - Lakhaura Mohara Tola, P.S. - Lakhaura, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranju Devi Wife of Rup Narayan Thakur Resident of Village - Lakhaura Mohara Tola, P.S. - Lakhaura, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-10-2024 Heard the learned counsel for the petitioners as well as the learned APP for the State.

2. At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner no. 2, Santosh Das @ Ramji Das has been arrested and, as such, the application as against him has become infructuous. He, therefore, seeks permission to withdraw this petition with respect to him.

3. In view of the aforesaid submission, this petition against petitioner no. 2 Santosh Das @ Ramji Das stands dismissed as infrctuous.

Patna High Court CR. MISC. No.69102 of 2024(2) dt.23-10-2024 2/3

4. Petitioner nos. 1 and 3 are apprehend their arrest in connection with Muffasil (Lakhaura) P.S. Case No. 849 of 2023, registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

5. As per allegation, the accused persons including the petitioners abducted the minor daughter of the informant for the purpose of marriage.

6. Learned counsel for the petitioner nos. 1 and 3 has submitted that they are innocent and have falsely been implicated in this case. He has further submitted that there has been delay of 8 days in lodging of the FIR. He has also submitted that in her statement recorded under Section 164 of the CrPC, the victim did not support the prosecution case. The petitioners are the persons of clean antecedents.

7. Considering the above-mentioned facts and circumstances, let petitioner nos. 1 and 3 in the event of their arrest or surrender within four weeks before the learned court below, 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 learned 6th Additional Sessions Judge-cum-Special Judge, POCSO, Act, Motihari, East

Patna High Court CR. MISC. No.69102 of 2024(2) dt.23-10-2024 3/3 Champaran in connection with Muffasil (Lakhaura) P.S. Case No. 849 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Nirmal/- U T