Hasnain Sah @ Sonu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85798 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- BUXAR District- Buxar ====================================================== Hasnain Sah @ Sonu Sah Son Of Tabaraq Sah R/O Village- Nai Bazar, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 4 and 8 of the POCSO Act.

3. The allegation against the petitioner is of abducting the daughter of the informant with an intention to solemnization of marriage.

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

Patna High Court CR. MISC. No.85798 of 2023(2) dt.10-01-2024 2/2 complicity of this petitioner. The victim girl fled away with this petitioner out of her own sweet-will. He further submitted that good sense has been prevailed between the parties. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 09.07.2023.

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 Additional District Judge-VIth-cumSpecial Judge (POCSO) Act, Buxar in connection with Buxar P.S. Case No. 207 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T