Patna High CourtCR. MISC./16449/2024allowed

Deepak Kumar v. The State Of Bihar

2024-03-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16445 of 2024 Arising Out of PS. Case No.-599 Year-2023 Thana- RAJAON District- Banka ====================================================== Bikram Kumar @ Wikram Kumar S/o- Mohan Harijan @ Mohan Das Village- Pipradih Ps- Rajoun Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== 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 sections 366(A) of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. Allegation against the petitioner is of abduction of the minor daughter of the informant, aged about 13 years on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of impugned order, it is evident that the victim was recovered whose statement has been recorded u/s 161 as well as 164 of the Cr.P.C. in which she stated that she was in love affairs with the

Patna High Court CR. MISC. No.16445 of 2024(2) dt.12-03-2024 2/2 petitioner and solemnized marriage with him. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 29.11.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Rajoun P.S. Case No. 599 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 6th cum-Special Judge, POCSO, Banka.

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