Patna High CourtCR. MISC./17239/2024allowed

Gulsan Rajak v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17239 of 2024 Arising Out of PS. Case No.-603 Year-2023 Thana- RAJAON District- Banka ====================================================== Gulsan Rajak S/O- Suresh Rajak R/O- Village- Singhnan, P.S.- Rajoun, Dist.- Banka.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. According to the prosecution case, the petitioner is said to have abducted the minor daughter of the informant on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of impugned order, it appears that the victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution version and stated

Patna High Court CR. MISC. No.17239 of 2024(2) dt.14-03-2024 2/2 that she went with the petitioner with her consent. She further stated that no any wrongful act has been done by the petitioner with her. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 1.12.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajoun P.S. Case No. 603 of 2023 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-6cum-Special Judge POCSO, Banka. (Sunil Kumar Panwar, J) Amandeep/- U T