Jitendra Singh @ Vivek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13393 of 2023 Arising Out of PS. Case No.-705 Year-2018 Thana- BUXAR District- Buxar ====================================================== Jitendra Singh @ Vivek Singh Son Of Late Rajendra Singh R/V- Kathar, P.S.- Krishna Braham, District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366'A', 506, 120'B' of the Indian Penal Code and Section 4 of the POCSO Act.

As per prosecution case, it is alleged that minor daughter of the informant had gone to attend call of nature but she did not return to her house. It is further alleged that informant got a call from the petitioner on his mobile phone through which the petitioner disclosed that informant's daughter is in his possession and he is going to solemnize marriage with her.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13393 of 2023(2) dt.09-05-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no direct and circumstantial evidence has found against the petitioner. He has got no criminal antecedent. From perusal of the impugned order, it is evident that she went with the petitioner with her own sweet will and has solemnized marriage with him and they have blessed with two children out of the wedlock. The petitioner is languishing in judicial custody since 23.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Buxar (Town) P.S. Case No. 705 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VIII-cum-Special Court POCSO Act, Buxar.

(Sunil Kumar Panwar, J) Nirajkrs/Lata U T