Abhishek Paswan @ Abhishek Paswam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14624 of 2023 Arising Out of PS. Case No.-576 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Abhishek Paswan @ Abhishek Paswam S/O Bhuta Paswan @ Rakesh Paswan R/O Village- Kathaiya Vishunpura, P.S.- Jagdishpur (Nautan), Distt- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Irshad Ahmad S/o Late Sabbir Ahmad R/o village- Mahuawa Madarsa, P.SJagdishpur (Nautan), Distt- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363/366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per FIR, the informant alleged that the petitioner along with co-accused persons kidnapped her minor daughter for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per statement of the

Patna High Court CR. MISC. No.14624 of 2023(3) dt.19-06-2023 2/2 victim recorded under Section 164 of the Cr.P.C., wherein she stated that she was in love with the petitioner and she went with him with her own sweet will and she has also not stated about any wrongdoing against the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.11.2022.

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

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 Nautan (Jagdishpur) P.S. Case No. 576 of 2022 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-VI-cum Special Judge, POCSO, Bettiah, West Champaran.

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