Rohit Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8470 of 2023 Arising Out of PS. Case No.-108 Year-2022 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== ROHIT BAITHA Son of Meghraj Baitha Resident of Manjhariya, P.S.- Purushottampur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366(A) and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act. The allegation against the petitioner along with another is of kidnapping the daughter of the informant, when she was alone in her house.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she does not whisper about the complicity of this petitioner. The victim girl

Patna High Court CR. MISC. No.8470 of 2023(3) dt.10-05-2023 2/2 fall in love with the petitioner and on her own sweet-will, she went away from the house. There is no complaint with regard to physical assault, sexual abuse/misbehave against the petitioner to the victim girl. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 18.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 7th-cum-Special Judge (POCSO), West Champaran at Bettiah in connection with Purushottampur P.S. Case No. 108 of 2022.

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