Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14313 of 2023 Arising Out of PS. Case No.-580 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== Suraj Kumar S/O Briksha Yadav @ Birchha Yadav R/O Village- Padrauna, P.S- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Rajeev Nayan, App,231 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 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 366, 366A, 34 of the Indian Penal Code and Section 8 of POCSO Act.

As per FIR, the allegation against the accused persons is that they kidnapped her daughter due to ulterior motive.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. As per statement of

Patna High Court CR. MISC. No.14313 of 2023(3) dt.20-06-2023 2/2 the victim recorded under Section 164 of the Cr.P.C., which is annexed with case diary wherein, she has not stated about any wrongdoing against the petitioner. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 06.12.2022. 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 Govindganj P.S. Case No. 580 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 6th Additional Sessions Judge-cumSpecial Judge, POCSO, East Champaran. (Sunil Kumar Panwar, J) manishkumar/- U T