Sonu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68942 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Sonu Kumar Sah S/O Late Kailash Sah R/O Village- Gorhi Tola, Belouri, P.SMuffasil, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366(A), 379 and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. Allegation against the petitioner along with other co-accused persons is that they abducted the grand daughter of the informant and also took away Rs. 30,000/-. 4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that as per impugned order, the statement of the victim was recorded under Section 164 of the Cr.P.C. in which she has not whispered

Patna High Court CR. MISC. No.68942 of 2023(2) dt.03-11-2023 2/2 any complicity of the petitioner in the alleged offence rather she stated that she called the petitioner because she loved him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar(Mufassil) P.S. Case No. 215 of 2023 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-cumSpecial Judge (POCSO), Purnea. (Sunil Kumar Panwar, J) Shubham/- U T