Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6783 of 2023 Arising Out of PS. Case No.-11 Year-2022 Thana- LADANIA District- Madhubani ====================================================== Pappu Kumar Yadav Son Of Arun Yadav R/V- Sidhpkala, P.S- Ladaniya DistMadhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant 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)/34 of the Indian Penal Code and Section 8,12 of POCSO Act. Allegation against the petitioner is that he abducted the minor daughter of the informant. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither there

Patna High Court CR. MISC. No.6783 of 2023(2) dt.01-05-2023 2/3 is any eye witness of the alleged offence nor there is any independent witness to support the prosecution version of case. From perusal of the impugned order, it is evident that victim has not whispered about complicity of petitioner in her abduction, in her statement recorded under Section 164 of Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 23.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State and learned counsel for the informant have 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 Ladaniya P.S. Case No. 11 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.6783 of 2023(2) dt.01-05-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge(POCSO), Madhubani. (Sunil Kumar Panwar, J) Nirajkrs/- U T