Patna High CourtCR. MISC./17275/2024bail granted

Deepak Kumar v. The State Of Bihar

2024-04-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17275 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- BUDHUCHAK District- Bhagalpur ====================================================== Deepak Kumar Son of Rajendra Mandal Resident of vill.-Mohanpur, P.S.- Pirpainity, Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Budhuchak P.S Case No. 121 of 2023 registered for the offences punishable under Sections 366A of the I.P.C and Section 8 of POCSO Act.

3. As per prosecution case, it is a case of abduction of the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner has got no criminal antecedent. It is also submitted that petitioner is in judicial

Patna High Court CR. MISC. No.17275 of 2024(3) dt.23-04-2024 2/2 custody since 13.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary, statements of the victim, impugned order it appears that victim has admitted that she voluntarily went with the petitioner, in her statement under Section 164 Cr.P.C there is no allegation of sexual assault against the petitioner and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 learned Exclusive Spl Judge (POCSO)-cum 7th Additional District & Sessions Judge, Bhagalpur in connection with Budhuchak P.S Case No. 121 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T