Suraj Kumar@Suraj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1364 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== SURAJ KUMAR@SURAJ SAH son of Prabhu Sah, R/o village- Hardi, P.S.- Kathaiya, District-Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2019 Heard the parties.
Petitioner seeks pre-arrest bail in Kathaiya P.S.Case No.46 of 2018 registered under Sections 366, 365, 366(A) of I.P.C.and Sections 8,12 of the POCSO Act.
Allegation against the petitioner is of kidnapping of the minor daughter of the informant.
Submission on behalf of the learned counsel for the petitioner is that there was love affairs between the petitioner and the daughter of the informant which will appear from the statement of the victim girl made under Section 164 of Cr.P.C. in which her age is assessed as 20 years and she has not supported the prosecution case.
Heard the learned A.P.P. also who opposed the prayer for bail on the ground that the girl was minor.
Patna High Court Cr.Misc. No.1364 of 2019(2) dt.18-01-2019 2/2 Having heard both sides and in view of the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the learned court below within six weeks from today be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.D.J.1st,-cum-Special Judge,, POCSO Act, Muzaffarpur, in Kathaiya P.S.Case No.46 of 2018, G.R. No.26 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and further condition that the bailors must be of local having sufficient movable and immovable properties within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) aks/- U