Patna High CourtCR. MISC./17510/2022allowed

Chhotu Yadav v. The State Of Bihar

2023-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17510 of 2022 Arising Out of PS. Case No.-31 Year-2021 Thana- NAURANGIA District- West Champaran ====================================================== CHHOTU YADAV S/o Sri Ganja Yadav R/o village- Jarlahiya, P.SNaurangia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 366A, 504, 506/34 of the Indian Penal Code and section 8 of POCSO Act. As per allegation in the FIR, while daughter of the informant went out to meet the natures call, petitioner and other accused persons enticed away for the purpose of marriage. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is innocent and has committed no offence. In fact, victim girl was in love with the petitioner and she, out of own sweet will eloped with the petitioner. In her statement recorded u/s 164 Cr.P.C. wherein she has not made any allegation of kidnapping

Patna High Court CR. MISC. No.17510 of 2022(6) dt.27-02-2023 2/2 or wrongful act by the petitioner. She has clearly stated that she out of her own sweet will had gone to her relative house. Petitioner is languishing in judicial custody since 17.08.2021. The application for bail is opposed by learned APP for the State.

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 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 7th Additional Sessions Judge-cum-Special Judge, POCSO Act, West Champaran at Bettiah in connection with Naurangiya P.S. Case No. 31 of 2021.

(Sunil Kumar Panwar, J) sushma/- U