Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9254 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== Santosh Yadav S/O Paras Yadav R/O Village- Bagahawa, P.S.- Dhanha, DisttWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8 of POCSO Act. The allegation against the petitioner is that he enticed the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.9254 of 2023(2) dt.17-04-2023 2/3 falsely been implicated in the present case. From perusal of the impugned order, it appears that victim has not whispered about the complicity of petitioner in her elopment, in her statement recorded under Section 164 of Cr.P.C. She has stated that she went with the petitioner with her own sweet will and lived with him. Moreover, the petitioner is languishing in judicial custody since 30.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dhanha P.S. Case No. 147 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.9254 of 2023(2) dt.17-04-2023 3/3 to the satisfaction of the learned Additional District & Session Judge VII-cum-Special Judge POCSO Act, West Champaran, Bettiah.

(Sunil Kumar Panwar, J) Nirajkrs/- U T