Awadesh Kumar @ Avdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10852 of 2024 Arising Out of PS. Case No.-148 Year-2023 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Awadesh Kumar @ Avdhesh Kumar S/O Shambhu Paswan @ Tumtun Paswan R/O Village- Bhagatpur, P.S- Piri Bazar, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366(A) of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. Allegation against the petitioner is that he abducted the daughter of the informant with the assistance of co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of the Impugned order, the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. in which she did not identify the petitioner and also did not whisper any

Patna High Court CR. MISC. No.10852 of 2024(2) dt.22-02-2024 2/2 complicity of the petitioner in respect of commission of abduction. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piri Bazar P.S. Case No. 148 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge VI-cum-Special Judge(POCSO), Lakhisarai.

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