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2025 DAILYLAW 94217 (PAT)

Jai Prakash Sah @ Jayprakash Sah v. The State of Bihar

CR. MISC./89327/2024 · 2025-04-22

Chandra Prakash Singh

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89327 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== Jai Prakash Sah @ Jayprakash Sah S/o Late Madan Sah R/o vill - Lakhaura Bichala Tola, ward no. 2, P.S. - Lakhaura, Distt.- East Champaran ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Vinod Sahani S/o Galuk Sahani R/o vill - Lakhaura Bichala Tola, ward no. 1, P.s . - Lakhaura, Distt.- East champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar No.Iii For the Opposite Party/s : Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 22-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Trial No. 114 of 2024 arising out of Lakhaura P.S. Case No. 50 of 2024 dated 14.05.2024 registered for the offences punishable u/ss 363, 366A of the IPC and sections 8 and 12 of the POCSO Act. 3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant. Patna High Court CR. MISC. No.89327 of 2024(3) dt.22-04-2025 2/3 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case only because he is the father of the co- accused Guddu Kumar. The victim in her statement recorded u/s 164 of the Cr.P.C. has not stated the name of the petitioner. The victim has also stated in her statement that she solemnized marriage with one Aakash Kumar in the Temple. There is nothing on record which shows that the victim was forced to have illicit intercourse with another person. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.07.2024. 5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Patna High Court CR. MISC. No.89327 of 2024(3) dt.22-04-2025 3/3 Motihari in connection with POCSO Trial No. 114 of 2024 arising out of Lakhaura P.S. Case No. 50 of 2024. 7. The application stands allowed. guddukr/- (Chandra Prakash Singh, J) U T