Patna High CourtCR. MISC./2305/2021allowed

Vikram Paswan v. The State Of Bihar

2021-04-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2305 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- BANGAWON District- Saharsa ====================================================== VIKRAM PASWAN S/o Sanjay Paswan Resident of Basudeva, P.S.- Bangaon, District- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Jalan For the Opposite Party/s :

Mr.Pawan Kr. Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Special POCSO Case No.1/2020 (Bangaon P.S. Case No.3/2020) registered for the offence punishable under Sections 363, 366 (A), 34 of the Indian Penal Code and section 8 of the POCSO Act.

The allegation against the petitioner is that he along with other accused persons has kidnapped the daughter of the informant with ulterior motive. Later on he got information that his daughter is in the custody of accused persons and tried to release her then they demanded Rs.5 lakhs to return her. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not

Patna High Court CR. MISC. No.2305 of 2021(3) dt.09-04-2021 2/2 committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. The statement of the victim has been recorded under section 164 Cr.PC where she has stated that she is a major girl and had performed marriage with the petitioner in full consent. Learned Magistrate also assessed the age of the girl to be 18 years. The petitioner has no criminal antecedent and has been languishing in custody since 28.05.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below, where the case is pending, in connection with Special POCSO Case No.1/2020 (Bangaon P.S. Case No.3/2020).

(Anjani Kumar Sharan, J) pallavi/- U T