Criminal Misc. No.27824 of 2020. The High Court granted bail to the petitioner after the framing of charges in a case involving kidnapping offences and the POCSO Act, subject to furnishing bail bonds.
Release on bail after framing of charges by furnishing a bond of Rs. 20,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27824 of 2020
Arising Out of PS. Case No.-1 Year-2020 Thana- GANGTA District- Munger
======================================================
SANJAY KUMAR SAH @ SURAJ KUMAR SAH Son of Kailash Kumar Sah @ Kaillash Saw Resident of Village Uparchak Jhandu Tola, P.S. Gangta, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Niranjan Parihar, Adv. For the Opposite Party/s : Dr. Indiwar Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 11-12-2020
Heard learned counsel for the petitioner and learned
APP for the State through virtual court proceedings.
The petitioner seeks bail in a case registered for the offence punishable under Section 364, 366(A) of the Indian Penal Code and Section 4 of the POCSO Act.
Prosecution case as lodged by the informant is that on 08.01.2020 at about 2 AM his daughter went for call of nature but she did not return. It is alleged that petitioner has kidnapped his daughter.
Learned counsel for the petitioner submits that he is innocent, committed no offence and has been falsely implicated in this case. He submits that there is love affairs between the victim and the petitioner for a long time and they decided to
Patna High Court CR. MISC. No.27824 of 2020(3) dt.11-12-2020 2/2
marry. He submits that victim came out from her house in the early morning and informed the petitioner by mobile to come on Gangta More, then the petitioner went there and both of them came to Munger and married with consent and freewill. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 20.03.2020.
However, learned APP for the State opposes the prayer for bail and submits that the victim in her statement under Section 164 of the Cr.P.C. has supported the prosecution case.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-1st, Munger in connection with Gangta P.S. Case No. 01 of 2020.
(Anjani Kumar Sharan, J)
devendra/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail pending framing of charges in a kidnapping and POCSO case?
Whether the circumstances justify release on bail despite serious allegations against the petitioner?
SANJAY KUMAR SAH @ SURAJ KUMAR SAH
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
