Satendar Kumar @ Satendar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77567 of 2023 In CRIMINAL APPEAL (SJ) No.1540 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== SATENDAR KUMAR @ SATENDAR SAHANI son of Dularchan Sahani Village- Semuapur Ps- Dumariya Ghat Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the parties.

2.

Petitioner is apprehending his arrest in connection with Dumariya Ghat P.S. Case No.103 of 2022, registered for the offence punishable u/s 363/34 of the IPC and 8 of POCSO Act and 3(i)(r)(s) of SC/ST POA Act.

3.

Allegation upon the petitioner is that he along with other co-accused kidnapped the minor grand-daughter of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. It is submitted that the alleged occurrence is said to

Patna High Court CR. MISC. No.77567 of 2023(4) dt.07-12-2023 2/2 have taken place on 30.05.2022 but the F.I.R. has been lodged on 04.06.2022 i.e. after delay of four days without giving any plausible explanation, which itself creates doubt about the prosecution case. The victim stated in her statement u/s 164 Cr.P.C. that the petitioner took her to sister's house and after few days dropped at the victim's house. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and the victim is a minor.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T