Pappu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17596 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- KOTWA District- East Champaran ====================================================== Pappu Ray Son Of Lal Baboo Ray Resident Of Village - Chitariya, P.S. - Kotwa, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody since 23.12.2021 in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8/12 of the POCSO Act. It is a case of abduction of the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim in her 164 Cr.P.C statement though has recorded her age as 14

Patna High Court CR. MISC. No.17596 of 2022(3) dt.02-01-2023 2/2 years but the doctor has assessed her age between 17 1⁄2 to 18 1⁄2 years. The victim has stated that she went along with the petitioner at Pune out of her own volition. Moreover, for the alleged occurrence of 01.10.2021, the F.I.R was registered on 05.10.2021 without explaining the delay. The petitioner is in custody since 23.12.2021. Considering the facts stated above and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran at Motihari in connection with Kotwa P.S. Case No. 257 of 2021.

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