Laddu Kumar @ Bhola Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81454 of 2023 Arising Out of PS. Case No.-312 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Laddu Kumar @ Bhola Sah Son Of Manoj Sah R/O Village - Pokhariya Ward No.- 10, P.S.- Chanpatia, Dist.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No. 2, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Chanpatia P.S. Case No.312 of 2023, lodged on 19.05.2023, under Sections 366A/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.
3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner against whom there is an allegation that they have kidnapped the daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 14.09.2023 having no criminal antecedent. Counsel further submits that the alleged victim has
Patna High Court CR. MISC. No.81454 of 2023(4) dt.05-03-2024 2/3 been recovered and in her statement recorded under Section 164 Cr.P.C. she has disclosed that no force was applied on her and she herself went with the petitioner and entered into marriage.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-VI-cum-Special Judge (POCSO), West Champaran at Bettiah, in connection with Chanpatia P.S. Case No.312 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned
Patna High Court CR. MISC. No.81454 of 2023(4) dt.05-03-2024 3/3 police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T