Gauri Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13442 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Gauri Shankar Rai Son Of Ram Chandra Ray R/V- Ladaniya, Ward No. 8, P.S.- Andhramath, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Jagar Nathi Ray Son of Late Bhola Ray R/v- Ladaniya, P.S.- Andhramath, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shailendra Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant 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 IPC and u/s 8/12 of the POCSO Act. As per prosecution case, informant alleged that on 12.04.2022, petitioner along with co-accused persons abducted her daughter and took her to Nepal for the purpose of ulterior motives.

Patna High Court CR. MISC. No.13442 of 2023(2) dt.25-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The statement of victim recorded under section 164 of Cr.P.C. which is annexed as Annexure-5, wherein, she stated that she went with this petitioner with her own sweet will thereafter they solemnized marriage. It is further submitted that the victim girl is major and aged about 19 years. The petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 24.11.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently 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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Andhramath P.S. Case No. 67 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-VIIth-

Patna High Court CR. MISC. No.13442 of 2023(2) dt.25-04-2023 3/3 cum-Special Judge (POCSO Court), Madhubani.

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