Vijay Hazra @ Bhulai Hazra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13597 of 2023 Arising Out of PS. Case No.-31 Year-2022 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Vijay Hazra @ Bhulai Hazra S/O Late Mahavir Hazra R/O Village- Parsa, P.S.- Purushottampur, Distt- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is not named in the F.I.R. and apprehended his arrest in connection with Purushottampur P.S. Case No.31 of 2022 registered for the offences punishable under Sections 363 and 366-A of the Indian Penal Code and Section 8 of the POCSO Act.

Patna High Court CR. MISC. No.13597 of 2023(2) dt.23-05-2023 2/3 The allegation against the petitioner is to kidnap the minor daughter of informant aged about 16 years alongwith other co-accused persons/family members for the purpose of illicit intercourse/marriage.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been implicated in this case only being father of the main co-accused Raj Kumar Paswan without having any connecting evidence. It is submitted that thrust of allegation appears to be available against co-accused Raj Kumar Paswan. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as petitioner is implicated in the present case, prima facie, being father of the main co-accused Raj Kumar Paswan, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-

Patna High Court CR. MISC. No.13597 of 2023(2) dt.23-05-2023 3/3 Special Judge (POCSO), Bettiah, West Champaran/concerned Court below where the case is pending in connection with Purushottampur P.S. Case No.31 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T