Patna High CourtCR. MISC./9381/2024allowed

Suraj Sao v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9381 of 2024 Arising Out of PS. Case No.-69 Year-2023 Thana- CHANDI District- Nalanda ====================================================== Suraj Sao S/O Ram Bali Sao R/O Village- Utra, P.S- Chandi, Dist.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366(A) and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. Allegation against the petitioner along with other co-accused persons is that they abducted the sister of the informant with intention to solemnize marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. which is at Annexure-2 of this petition in which she has not

Patna High Court CR. MISC. No.9381 of 2024(2) dt.20-02-2024 2/2 whispered any complicity of the petitioner in respect of commission of abduction. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandi P.S. Case No. 69 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned VIIth Additional Sessions Judge-cum-Special Judge POCSO, Biharsharif, Nalanda.

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