Umesh Kumar Sahani @ Umesh Kumar @ Umesh Sahani @ Umesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1472 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Umesh Kumar Sahani @ Umesh Kumar @ Umesh Sahani @ Umesh Sahni Son Of Bhagwan Sahani R/V- Konhiya, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 363, 366A, 34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per prosecution case, informant alleged that petitioner along with co-accused persons kidnapped her daughter and when she went their house for query then all accused persons assaulted her.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.1472 of 2023(3) dt.19-04-2023 2/3 falsely been implicated in this case. Informant is not an eye witness of the alleged occurrence. The statement of the victim girl which was recorded under Section 164 of the Cr.P.C. wherein she stated that she fled away with her own sweet-will and solemnized marriage with co-accused, namely, Arvind Kumar Sahni @ Arvind Kumar. It is further submitted that the informant had twice lodged FIR for kidnapping of her daughter against the petitioner and others viz Kesariya P.S. Case No. 300 of 2018 for the same offence. Similary sitauted co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 13.04.2023 passed in Cr. Misc. No. 4344 of 2022. Petitioner has got no criminal antecedent moreover he is languishing in judicial custody since 21.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kesariya P.S. Case

Patna High Court CR. MISC. No.1472 of 2023(3) dt.19-04-2023 3/3 No. 61 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cumSpecial Judge POCSO Act, Motihari, East Champran. (Sunil Kumar Panwar, J) Manish/- U T