Bira @ Bira Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15672 of 2021 Arising Out of PS. Case No.-373 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== BIRA @ BIRA PANDIT S/o Late Bhola Pandit R/o village- Purani Bazar Ramnagar Ward No. 11, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Ramnagar P.S. Case no. 373 of 2020 registered under sections 363, 366A, 506 and 34 of the Indian Penal Code and section 8 of the POCSO Act.

As per allegation in the FIR, while the informant had gone to get the registration done of his minor daughter, the son of the petitioner, namely Lakhan met him there and offered to help. Lakhan stated that the informant should return home and he would get his daughter after getting the registration done. It is stated that on his daughter not returning, the informant went to make inquiry from the petitioner (father of Lakhan) but he did not receive a proper reply and also subsequently received threatening calls. It is stated that his

Patna High Court CR. MISC. No.15672 of 2021(2) dt.23-07-2021 2/2 minor daughter has been kidnapped with wrong intention. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the father of the co-accused Lakhan. He is in custody since 27.10.2020, he has no criminal antecedent and chargesheet has been submitted in the case.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for about 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Ramnagar P.S. Case no. 373 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge VII-cum-Special Judge (POCSO), Bettiah, District West Champaran. Spd/- (Partha Sarthy, J) U T