Chhotu Kumar Sah @ Chhotu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85905 of 2023 Arising Out of PS. Case No.-468 Year-2023 Thana- AMARPUR District- Banka ====================================================== Chhotu Kumar Sah @ Chhotu Sah S/O Nawal Sah @ Naval Kishore Sah R/O Village- Nurganj Fatehpur, P.S- Amarpur, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 363, 366A, 504, 506 and 34 of IPC and Section 8 of POCSO Act.

3. As per FIR, the informant alleged that the petitioner and co-accused persons abducted her daughter due to ulterior motives.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. From perusal of the impugned order, it appears that as per statement of the victim recorded under Sections 161 and 164 of the Cr.P.C.,

Patna High Court CR. MISC. No.85905 of 2023(2) dt.11-01-2024 2/2 wherein she has stated that the she was in love with this petitioner and they had consensual relation due to which she went with him with her own sweet-will. It is further submitted that both went to Jamui, thereafter, they solemnized marriage in a temple. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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 Amarpur P.S. Case No. 468 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 Additional Sessions Judge-VI-cum Special Judge POCSO, Banka.

(Sunil Kumar Panwar, J) manishkumar/- U