Sanjay Saw @ Sanjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1167 of 2024 Arising Out of PS. Case No.-464 Year-2022 Thana- BELHAR District- Banka ====================================================== SANJAY SAW @ SANJAY SAH Son of Jamun Saw R/o vill - Shadipur, P.S. - Kotwali, Distt. - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Belhar P.S. Case no.464 of 2022 registered under sections 366A and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that his minor daughter was enticed by one Bhola Saw for the purpose of marriage.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that he happens to be the father of the aforesaid Bhola Saw. Referring to the order of the learned trial Court, it is submitted that the alleged victim girl returned and her statement was recorded both under sections 161 and 164 Cr.P.C.wherein she
Patna High Court CR. MISC. No.1167 of 2024(2) dt.24-01-2024 2/2 has categorically stated about having a love affair with the son of the petitioner and having married him. Learned counsel finally submits that in any case of the matter, the petitioner is not involved in the occurrence. He is in custody since 28.11.2023 and has no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation as borne out from the order of the learned trial Court, the victim girl having returned, her statement under sections 161 and 164 Cr.P.C. as referred to in the order of the learned Court below together with the petitioner being in custody since 28.11.2023 and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Belhar P.S. Case no.464 of 2022 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 Act, Banka.
(Partha Sarthy, J) Saurabh/- U T