Vidya Sagar @ Vidya Sagar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1869 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- MAHILA P.S. District- Purnia ====================================================== Vidya Sagar @ Vidya Sagar Sah Son Of Late Shiv Sagar Nath Shah R/O Mohalla - Shiv Mandir Road Line Bazar, Ward No. 21, P.S. K.H. At (Sahayak), Distt. - Purnea ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 354(B), 504 of the Indian Penal Code and Section 8 of POCSO Act.

Allegation against the petitioner, being the husband of informant, outraged the modesty of informant's minor daughter. When the informant objected to this and told about lodging the case,

Patna High Court CR. MISC. No.1869 of 2024(2) dt.29-01-2024 2/3 petitioner assaulted her.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to family dispute. It is further submitted that petitioner has solemnized marriage with the informant as 2nd marriage and informant wanted to grab his landed property. Due to this present FIR has been lodged only to pressurize the petitioner to register the land in the name of informant. There is no any positive evidence against the petitioner that he participated in the alleged offence. Moreover, the petitioner is languishing in judicial custody since 08.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.1869 of 2024(2) dt.29-01-2024 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mahila P.S. Case No. 27 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge (POCSO) Purnea.

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