Vinodanand Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3726 of 2022 Arising Out of PS. Case No.-382 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== Vinodanand Pathak Son of Indradeo Pathak Resident of Village- Sareya Tilanga Tola Ward No.8, P.S.- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2022 Heard both parties.

The petitioner seeks bail in Paharpur P.S. Case No. 382 of 2020, registered for the offence punishable under Section 363, 366A, 354(B)/34 of the Indian Penal Code. As per the prosecution case, this petitioner and two co-accused are alleged to have kidnapped minor daughter of the informant for the purpose of marriage.

It is submitted on behalf of the petitioner that thrust of accusation is against co-accused Golu Pathak who is none else than son of this petitioner. This petitioner has been made accused in this case because he is father of co-accused Golu Pathak. Even as per the statement of victim girl under Section 164 Cr.P.C, all the accused persons abducted her on Bolero and this petitioner along with co-accused Rashmi Devi who is none

Patna High Court CR. MISC. No.3726 of 2022(3) dt.12-05-2022 2/2 else than wife of petitioner assaulted her and thereafter, they left her at the police station. The victim girl has made such false and frivolous allegation only with a view to harass and humiliate the petitioner and his family member and the allegation that this petitioner along with his son Golu Pathak committed rape with her is highly improbable and could not be believed. Petitioner is in custody since 15.09.2021. Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned 11th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 382 of 2020.

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