Patna High CourtCR. MISC./10029/2022allowed

Raj Kumar Pandit @ Raj Kumar Parit v. The State Of Bihar

2023-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10029 of 2022 Arising Out of PS. Case No.-151 Year-2021 Thana- GOPALPUR District- West Champaran ====================================================== Raj Kumar Pandit @ Raj Kumar Parit S/O Satyanarayan Pandit R/O VillageAwasanpur, P.S.- Gopalpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Sections 8, 12 of the POCSO Act.

It is a case of abduction of the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently transpired during

Patna High Court CR. MISC. No.10029 of 2022(5) dt.10-01-2023 2/2 the course of investigation. For the alleged occurrence of 31.10.2021, the F.I.R was registered on 04.11.2021. The victim in her 164 Cr.P.C statement has stated that due to a dispute with her mother, she went to the house of her parental aunt (Bua). She has not whishper any complicity of the petitioner in her elopement. The petitioner is in custody since 28.12.2021.

Considering the 164 Cr.P.C statement of the victim girl and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO Act, West Champaran, Bettiah in connection with Gopalpur P.S. Case No. 151 of 2021.

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