Deepak Kumar @ Deepak Soni @ Deepak Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15900 of 2024 Arising Out of PS. Case No.-393 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Deepak Kumar @ Deepak Soni @ Deepak Kumar Soni son of Ramchandra Savarnkar @ Ramchandra Swarnkar Village- J.P Nagar W.No-26, Ps- Supaul Dist- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saraswati Kumar R/o- Surela Ps- Khairi Dist- Chamba H.P, P/A- 45 B, Battalion Border Po- SSB Camp Birpur Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 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 section 366A, and 34 of the Indian Penal Code and Sections 8, 17 of the POCSO Act.

3. As per FIR, it is alleged that the co-accused namely, Pankaj Kumar and the victim were trying to flee to Nepal for the purpose of solemnization of marriage, but on

Patna High Court CR. MISC. No.15900 of 2024(2) dt.12-03-2024 2/3 border area they were apprehended on the spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is the friend of the main accused, namely, Pankaj Kumar and due to which he has falsely been implicated in this present case. The petitioner is not named in the FIR and there is no specific allegation about his complicity levelled against him. The petitioner is neither apprehended on the spot nor he has any concern with the alleged occurrence or with the co-accused person. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.12.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Birpur (Bhimnagar O.P.) P.S. Case No. 393 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.15900 of 2024(2) dt.12-03-2024 3/3 satisfaction of learned ADJ-VI-cum Special Judge POCSO Court, Supaul.

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