Rajesh Sah @ Rajesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70213 of 2022 Arising Out of PS. Case No.-498 Year-2022 Thana- DHAKA District- East Champaran ====================================================== RAJESH SAH @ RAJESH KUMAR SAH S/o Ram Sagar Sah R/vSorpaniya, P.S.- Dhaka (Pachapakri O.P.), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dhaka (Pachpakari O.P.) P.S. Case No. 498 of 2022 dated 11.08.2022 registered for the offence under Sections 366A and 34 of the Indian Penal Code.

The daughter of the informant is alleged to have been enticed away by petitioner and other accused persons named in the F.I.R.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case only on the ground that the petitioner happens to be brother-in-law of the co-accused, namely, Indal Kumar Sah. He further submits that it appears form

Patna High Court CR. MISC. No.70213 of 2022(3) dt.20-04-2023 2/3 the F.I.R. that no specific allegation of assault or any overt act is attributed to the petitioner. He further submits that the victim in her statement recorded under Section 164 Cr.P.C. has categorically stated that she fled away from her house with the co-accused, Indal Kumar Sah to Nepal. She has also stated that she performed marriage with the co-accused, Indal Kumar Sah with her own will and volition and she is residing happily with her husband. This petitioenr has not played any role in the alleged occurrence, therefore, no case under Section 366A of the Indian Pena Code is made out against the petitinoer. The petitioner is rotting in judicial custody since 16.08.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Special Judge, POCSO, East Champaran in connection with Dhaka (Pachpakari O.P.) P.S. Case No. 498 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.70213 of 2022(3) dt.20-04-2023 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T