Patna High Court
Jaswant Sah vs The State Of Bihar on 31 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1695 of 2021
Arising Out of PS. Case No.-292 Year-2018 Thana- KARAHGAR District-
Rohtas
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JASWANT SAH Son of Late Dinesh Sah Resident of Village - Bhaisadih,
P.S.- Kargahar, District - Rohtas at Sasaram.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Babu Nandan Prasad, Advocate
For the Respondent/s : Mr Sada Nand Paswan, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 31-05-2021
This case has been listed today for consideration through
Video Conferencing.
2 Mr Sadanand Paswan, learned Special PP submits that
he has received soft copy of the case diary.
3 Heard learned counsel for the appellant and the
learned Special PP for the State.
4 The appellant has preferred the present Appeal
under Section 14 - A (2) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act (for brevity, SC/ST Act)
against the refusal of his prayer for regular bail vide order
dated 09.01.2021 passed by Additional Sessions Judge VI,
Exclusive Special Court, Prevention of Children from Sexual
Offences (for brevity, POCSO) Act, Rohtas at Sasaram in a
case registered under Sections 366A, 376/34 of Indian Penal
Code, Section 4 of POCSO Act and Sections 3 (2) (V) (G) of
SC/ST Act in connection with Kargahar Police Station (for
brevity, PS) Case No 292 of 2018 dated 20.07.2018.
Patna High Court CR. APP (SJ) No.1695 of 2021 dt.31-05-2021
5 Informant has alleged that his minor daughter has
been taken away by the appellant aided by his elder brother
and mother who have also been made accused. The informant
has further alleged that they may have taken her away for
subjecting her to immoral traffic.
6 Appellant's counsel submits that the entire case of
the informant is belied by the statement of the victim girl who
is 17 years old. In her statement recorded under Section 164
of Criminal Procedure Code, taken note of in paragraph 73 of
case diary, she has stated about familiar relations with the
appellant and residing with him at Delhi and that when he
refused to marry, she was returned to her home. The
submission is that even in her statement, she has not stated that
the appellant has established physical relations with her. The
appellant has no criminal antecedent. It is submitted that
implication of the appellant and his family is based on
extraneous considerations and the appellant has been in
custody since 09.01.2020.
7 Learned Special PP Mr Sadanand Paswan
appearing for the State submits that since victim has stated that
she was residing with the appellant at Delhi for a considerable
period of time, presumption of physical relationship may arise.
8 In my opinion, in view of nature of accusation in
the FIR, and submission of parties a case for grant of regular
bail is made out. The impugned order dated 09.01.2021
requires interference by this Court, which is, accordingly, set
aside.
9 This appeal is allowed. The impugned order
dated 09.01.2021 passed by Additional Sessions Judge VI,
Exclusive Special Court, POCSO Act, Rohtas at Sasaram in
Patna High Court CR. APP (SJ) No.1695 of 2021 dt.31-05-2021
connection with Kargahar PS Case No 292 of 2018 dated
20.07.2018 is set aside.
10 Let the appellant above named be released on
bail on his furnishing bonds of Rs 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge VI, Exclusive
Special Court, POCSO Act, Rohtas at Sasaram in Kargahar PS
Case No 292 of 2018 dated 20.07.2018 subject to the
following conditions:
(1) That one of the bailors will be a close relative of
the appellants who will give an affidavit giving genealogy as
to how he is related with the appellant. The bailor will also
undertake to inform the Court if there is any change in the
address of the appellant.
(2) That the appellant will be well represented on
each date and if he fails to do so on two consecutive dates, his
bail will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
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