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Patna High CourtCR. MISC./4697/2022bail granted

Chhotu Kumar Yadav @ Chhote Kumar @ Chhotu Yadav v. The State Of Bihar

2022-04-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4697 of 2022 Arising Out of PS. Case No.-25 Year-2021 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== CHHOTU KUMAR YADAV @ CHHOTE KUMAR @ CHHOTU YADAV S/o Balistar Yadav R/o village- Rajwatiya, P.S.- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code and u/s 8 of POCSO Act.

As per the prosecution case, other FIR named accused persons kidnapped the daughter of informant. It is further alleged that this petitioner used to talk with his daughter on mobile phone.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The victim in her statement u/s 164 of the Cr. P. C. has stated that she was in love with this petitioner but her marriage was fixed with some one else and she was not ready for

Patna High Court CR. MISC. No.4697 of 2022(2) dt.04-04-2022 2/2 marriage due to that she voluntarily left her house and solemnized marriage with this petitioner. Petitioner in custody since 21.09.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, the statement of victim recorded u/s 164 of the Cr. P. C. and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Sessions Judge-VII-cum- Special Judge, POCSO, West Champaran, Bettiah in connection with Bagaha Mahila PS case No. 25/2021.

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