Rampukar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71728 of 2022 Arising Out of PS. Case No.-293 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Rampukar Sahani S/O Ram Lochi Sahani R/O Village- Lakhaura Bichala Tola, P.S- Lakhaura, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code and section 8 of the POCSO Act.

As per the prosecution case, petitioner along with others kidnapped the minor daughter of informant. It is submitted that specific accusation of kidnapping is against co-accused Rajan Kumar who has already been granted bail by this Court vide order dated 04.04.2023. The victim in her statement under Section 164 Cr.P.C has not supported the prosecution case and has stated that she

Patna High Court CR. MISC. No.71728 of 2022(2) dt.06-04-2023 2/2 voluntarily left her house and went along with co-accused Rajan Kumar to Nepal and solemnized marriage in a temple. Petitioner has been made accused in this case simply because he is father of co-accused Rajan Kumar. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 6th Additional Sessions Judge-cumSpecial Judge, POCSO Act, East Champaran at Motihari in connection with Muffasil (Lakhaura) P.S. Case No. 293 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T