Satdev Prasad @ Satyadev Sah @ Satdev Sah @ Satyadev Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75997 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== Satdev Prasad @ Satyadev Sah @ Satdev Sah @ Satyadev Prasad Son Of Kamal Prasad Resident Of Village- Bella, P.S.- Ramgarhwa, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhurendra Kumar, Adv.
For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Ramgarhwa P.S. Case No. 379 of 2022 dated 05.11.2022 registered for the offences punishable u/ss 366A, 376, 504, 506, 341, 342, 323 and 324 of the Indian Penal Code and u/s 8 of the POCSO Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant when she went to attend call of nature. It is further alleged that police informed the recovery of the victim girl to the informant and she was handed over to the
Patna High Court CR. MISC. No.75997 of 2023(2) dt.18-12-2023 2/3 informant.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The occurrence took place on 11.05.2022 and the complaint was filed on 26.06.2022 but the F.I.R. was lodged on 05.11.2022 and there is no explanation for this delay. There was love affair between the victim and the co-accused, Arjun Kumar and the name of the petitioner dragged in this case only because of the fact that he is the father of the co-accused, Arjun Kumar. Hence, no case is made against the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 379 of 2022, subject to conditions as laid down under section 438(2) of
Patna High Court CR. MISC. No.75997 of 2023(2) dt.18-12-2023 3/3 the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T