Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13124 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- SIMRI District- Buxar ====================================================== ARUN YADAV SON OF ALAGU YADAV R/O VILLAGE- BADKA SINHANPURA, P.S.- SIMRI, DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 At the outset, as prayed for learned counsel for the petitioner is permitted to make necessary correction in para no. 1 of the petition in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 363, 366/34 of the IPC, Section 8 of the POCSO Act.

As per allegation in the FIR, petitioner in connivance with others have kidnapped the minor daughter of the informant. It is further alleged that when informant has approached to petitioner's family, they abused and insulted them. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.13124 of 2023(2) dt.26-04-2023 2/2 offence. There is love affair between the petitioner and daughter of the informant. As mentioned in the impugned order, statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that she was in love with the petitioner and performed marriage with him in temple. She has not raised any finger against the petitioner for any offence. Lower court has assessed her age between 18-19 years as major. Petitioner is languishing in judicial custody since 14.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional District and Sessions Judge 6th cum-Special Judge (POCSO), Buxar at Bettiah in connection with Simri P.S. Case No. 386 of 2022.

(Sunil Kumar Panwar, J) sushma/- U