Bittu Sahani @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82859 of 2023 Arising Out of PS. Case No.-336 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== BITTU SAHANI @ BITTU KUMAR S/o Upendra Sahani R/o Village-Indra Ganchhi, P.S-Sangrampur, 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.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 366(A) of the Indian Penal Code and Sections 7 and 8 of the POCSO Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant, when she went to college.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. From the perusal of the impugned order, it appears that the victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she does not whisper

Patna High Court CR. MISC. No.82859 of 2023(2) dt.02-01-2024 2/2 about the complicity of this petitioner. The victim girl fall in love with the petitioner and out of her own sweet-will fled away from her house and went with this petitioner at Gorakhpur. There is no complaint with regard to physical assault, sexual abuse/misbehave against the petitioner to the victim girl. He is languishing in judicial custody since 06.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge-cumSpecial Judge (POCSO), Motihari at East Champaran in connection with Sangrampur P.S. Case No. 336 of 2023. (Sunil Kumar Panwar, J) Arish/- U T