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Patna High CourtCR. MISC./9575/2023allowed

Paramjeet Jha @ Shivam Jha v. The State Of Bihar

2023-07-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9575 of 2023 Arising Out of PS. Case No.-251 Year-2022 Thana- SATHI District- West Champaran ====================================================== PARAMJEET JHA @ SHIVAM JHA S/O MUNINDRA JHA R/v- Dhamaura, P.S.- Sathi, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 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 363, 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 others is of kidnapping the daughter of the informant, when she went to attend call of nature.

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 161 of the Cr.P.C., in which she does not whisper about the complicity of this petitioner. The victim girl stated that she on her own sweet-will went with this petitioner

Patna High Court CR. MISC. No.9575 of 2023(3) dt.07-07-2023 2/2 and love affairs was going on between the parties. The informant also filed a petition, referring to statement that good sense has been prevailed between the parties, which is annexed as annexure-3 with this petition. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 25.11.2022. 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 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 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 Court concerned in connection with Sathi P.S. Case No. 251 of 2022.

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