Jay Nandan Lal Deo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8871 of 2023 Arising Out of PS. Case No.-249 Year-2020 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== JAY NANDAN LAL DEO SON OF HAZARI LAL DEO R/O VILLAGETURKI, P.S.- BAHERI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 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 but charge-sheet has been submitted u/s 363, 366A, 376(3) of the IPC and Sections 4, 6 of the POCSO Act. The allegation against the petitioner along with others is of kidnapping the niece and daughter of the informant, when they were going to attend nature call.

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 girls have recovered and their statement recorded u/s 164 of the Cr.P.C., in which they stated that this petitioner and co-accused Suday Lal Dev had taken

Patna High Court CR. MISC. No.8871 of 2023(3) dt.17-05-2023 2/2 away to Darbhanga but Petitioner (Jay Nandan Lal Dev) fled away from there. The co-accused Suday Lal Dev kept the victim girls for ten days and committed rape with her. There is no specific allegation with regard to physical assault, sexual abuse/misbehave against the petitioner to the victim girls. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.11.2022.

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 Special Judge (POCSO Act), Darbhanga in connection with Ghanshyampur P.S. Case No. 249 of 2020.

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