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Patna High Court - Orders

Satish Chandra Sinha vs The State Of Bihar on 10 April, 2015

Author: Amaresh Kumar Lal

Bench: Amaresh Kumar Lal

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.7939 of 2015
                       Arising Out of PS.Case No. -148 Year- 2014 Thana -NARHAT District- NAWADA
                 ======================================================
                  Satish Chandra Sinha Son of Subhash Chndrar@ Subhash Chandra Sinha
                 resident of village Dalbigha P.S Narhat , Distt- Nawada.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar
                                                      .... .... Opposite Party/s
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
                 ORAL ORDER

2   10-04-2015

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 420, 406, 376, 354B, 384 and 506 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offence Act.

It is submitted that the alleged victim of the occurrence is the wife of the petitioner and she is matriculate. She was kidnapped and as such, the petitioner filed Narhat P. S. Case no. 119 of 2014 against the informant and others. The occurrence took place on 25.6.2014 and thereafter the informant has lodged the case against the petitioner which has been registered as Narhat P. S. Case no. 148 of 2014 dated 4.9.2014. The alleged victim of the occurrence has made statement under Section 164 of the Code of Criminal Procedure in Narhat P. S. Case no. 119 of 2014 that she has married to the petitioner and has been living with her husband happily and out of that marriage she was pregnant but due to torture by the informant and others she was Patna High Court Cr.Misc. No.7939 of 2015 (2) dt.10-04-2015 2/2 aborted. She wants to live with the petitioner. She has also stated that she is major and her date of birth is 11.11.1994. The petitioner has no criminal antecedent. The petitioner has been in custody since 6.9.2014 without his fault.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Nawada in POCSO case no. 14 of 2014 arising out of Narhat P. S. Case no. 148 of 2014 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.
2. The petitioner will not indulge in similar or in any other offence.
3. The petitioner will be well represented in the court.
4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/-

  U          T