Patna High CourtCR. MISC./2417/2023bail granted

Ramesh Sharma v. The State Of Bihar

2023-06-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2417 of 2023 Arising Out of PS. Case No.-690 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Ramesh Sharma Son Of Late Shankar Sharma Resident Of VillageTurkauliya Bazar, P.S.- Turkauliya, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 366A of the Indian Penal Code and section 8 of the POCSO Act.

As per the prosecution case, petitioner and other accused persons, named in the FIR and other unknown accused persons kidnapped 17 years old daughter of the informant. Learned counsel for the petitioner submits that girl in her 164 Cr.P.C. statement has not supported the prosecution case rather she has stated that nobody had kidnapped her. There is delay of 13 days in lodging of the FIR and there is no explanation of delay. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.2417 of 2023(4) dt.26-06-2023 2/2 Considering the aforesaid 164 Cr.P.C. statement of the victim, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI cum Special Judge, POCSO Act, Motihari, East Champaran in Turkauliya Police Station Case No. 690 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T