Patna High CourtCR. MISC./15312/2023allowed

Deepak Kumar @ Raja v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15312 of 2023 Arising Out of PS. Case No.-353 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== DEEPAK KUMAR @ RAJA S/O SHAMBHU RAJVANSHI R/v- Bhushunda Bala Par, Post- Moffasil, District- Gaya, Bihar ... ... Petitioner/s

Versus

The State of Bihar 2.

SANTOSHI DEVI W/O LALIT MANJHI R/v- Kasiyadih, P.S.- Wazirganj, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366(A) and 376 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

3. The allegation against the petitioner is of abducting and establishing physical relation with the daughter of the informant on the pretext of marriage.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered and her statement has been recorded u/s 164 of the

Patna High Court CR. MISC. No.15312 of 2023(5) dt.20-09-2023 2/2 Cr.P.C., wherein, she stated that she fled away from her house and solemnized marriage with this petitioner out of her own sweet-will. He further submitted that the victim girl does not whisper about the complicity of this petitioner. He is languishing in judicial custody since 18.07.2022.

5. The application for bail is opposed by learned APP for the State.

6. 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 below in connection with Wajirganj P.S. Case No. 353 of 2022.

(Sunil Kumar Panwar, J) arish/- U