Vishal Yadav @ Vishal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15444 of 2024 Arising Out of PS. Case No.-314 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Vishal Yadav @ Vishal Kumar Yadav, aged about 19 years, Male Son of Rama Kant Yadav, Resident of Village-Nagapura, P.S.-Simri, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Buxar (Ind.) PS Case No. 314 of 2023 instituted for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 4/8 of the POCSO Act.

3. As per the prosecution case, it is a case of abduction of the minor daughter of the informant forcecibly with pretext to marry her with the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that the daughter of the informant herself accepted before the police

Patna High Court CR. MISC. No.15444 of 2024(2) dt.12-03-2024 2/3 under Section 161 of the Cr.P.C. and also before the Magistrate under Section 164 of the Cr.P.C. in which she has stated that she left the house due to her own free will. Petitioner is in custody since 15.12.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Additional District and Sessions Judge-VI-cumSpecial Court POCSO Act, Buxar, dated 05.02.2024, it appears that there is no any independent witness of the alleged occurrence. The daughter of the informant herself accepted before the police under Section 161 of the Cr.P.C. and also before the Magistrate under Section 164 of the Cr.P.C. that she voluntarily left her house due to her own volition as stated in para-8 of the petition. The petitioner and the daughter of the informant both are major and married with each other and no any specific allegation against sexual asault in the impugned order, considering all these circumstances and submissions made on behalf of the parties, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-

Patna High Court CR. MISC. No.15444 of 2024(2) dt.12-03-2024 3/3 Special Court, POCSO Act, Buxar in connection with Buxar (Ind.) PS Case No. 314 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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