Dipu Kumar @ Dipu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11153 of 2024 Arising Out of PS. Case No.-139 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== Dipu Kumar @ Dipu Kumar Sharma Son of Shyam Thakur @ Shyam Sharma Resident of Village- Binma Tola, Mehsaul @ Rampur Laxmi , P.S. (Mehsaul O.P.) Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh Smt. Divya Bharti For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== 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 Sections 363, 366/34 of the Indian Penal Code.

3. As per FIR, the allegation against the accused persons including this petitioner is that they abducted daughter of the informant while she had gone to bring water from the hand pump outside her house.

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. The victim girl was recovered and her statement was recorded under Section 164 of the Cr.P.C.

Patna High Court CR. MISC. No.11153 of 2024(2) dt.22-02-2024 2/2 which is annexed as Annexure-2 to this petition, wherein she has not whispered about the complicity of the petitioner and she has not stated about any physical assault and physical misbehave against the petitioner. It is further submitted in para 15 of the bail petition that good sense has been prevailed between the parties and compromise petition has been filed in the learned court below in connection with A.B.P. No. 2517 of 2023. Petitioner has got no criminal antecedent and 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 Suppi P.S. Case No. 139 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi.

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