Md. Sahil @ Soldier v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85037 of 2024 Arising Out of PS. Case No.-820 Year-2023 Thana- BIHTA District- Patna ====================================================== Md. Sahil @ Soldier Son of Md. Javed R/O Vill.- Purani Bazar, Bakhtiyarpur, P.S.- Bakhtiyarpur, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinku Kumar S/O Yogendra Sharma R/O Vill.- S.S. Colony, Raghopur, P.S.- Bihta, Dist.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-03-2025 Heard Mr. Tej Narayan Singh, learned counsel for the petitioner and Dr. Mrityunjaya Kr. Gautam, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363, 365, 354A of the Indian Penal Code and Sections 8, 12 of the POCSO Act.

3. The case of the prosecution is that the minor daughter of the informant was missing and information regarding that was given to the police, on the basis of which, this FIR has been lodged.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.85037 of 2024(3) dt.20-03-2025 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. During course of investigation, the victim was recovered. The victim has given her statement under Section 164 of the Cr.P.C. wherein she has stated that she has gone to the house of her grandmother. When she was returning from the house of her grandmother, the petitioner met her in a train and told her to drop her at her house but he took her to Patna City, kept her in a room for 15 days and the room was rented one. The victim has categorically stated that no force was applied against her. It is further submitted that the petitioner is languishing in judicial custody since 30.08.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Special (POCSO) Case No. 289 of 2023 arising out of Bihta P.S. Case No. 820 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 Additional Sessions Judge-

Patna High Court CR. MISC. No.85037 of 2024(3) dt.20-03-2025 3/3 VII-cum-Special Judge, POCSO, Patna.

(Ashok Kumar Pandey, J) Sudhanshu/- U T