Kanhay Paswan @ Kanhai Kumar @ Kanhai Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15807 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- BARAHAT District- Banka ====================================================== Kanhay Paswan @ Kanhai Kumar @ Kanhai Paswan S/o Panchu Paswan R/o vill - Katia, P.S. - Rajoun, Distt. - Banka.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Md. Jalil S/o Late Md. Sarafat R/o vill - Aminpur, P.S. - Barahat, Distt. - Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Anand, Adv.
For the State :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 366(A) of the Indian Penal Code and Sections 11 and 12 of the POCSO Act.
3. The allegation against the petitioner of abducting the daughter of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has been recovered and her statement recorded u/s 164 of the Cr.P.C., in which she does not whisper about the complicity of this petitioner. The victim
Patna High Court CR. MISC. No.15807 of 2024(2) dt.12-03-2024 2/2 girl fall in love with the petitioner and on her own sweet-will, she solemnized marriage with this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.10.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 6th-cumSpecial Judge (POCSO), Banka in connection with Barahat P.S. Case No. 106 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T