Aniruddh Ram @ Anirudh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17562 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- PALANWA District- East Champaran ====================================================== ANIRUDDH RAM @ ANIRUDH RAM Son of Late Dasrath Ram Resident of Village-Murwa, PS-Palanwa, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 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 363A, 366A/34 of the Indian Penal Code and Section 4/8 of the POCSO Act and charge sheet has been submitted u/s 363A, 366A, 302, 120B/34 along with sections 4.8 of the POCSO Act.

3. As per prosecution case, the informant alleged that the FIR named accused persons abducted his daughter namely, Khusi Kumari aged about 16.5 years. When the victim was not recovered, it came to know that the victim has been killed by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.17562 of 2023(4) dt.01-08-2023 2/3 falsely been implicated in this case. The petitioner is not named in the FIR rather the FIR named co-accused Rambahadur Yadav confessed his guilt regarding commission of murder of the victim saying that they threw the dead body of the victim after cutting her into pieces and on the basis of his confession, the name of the petitioner surfaced in this case. Except confession, no any consistent material has come against the petitioner during investigation. Nothing has been recovered from possession of the petitioner whereas, at the instance of confessional statement of other co-accused Chhotan Yadav, one Garasa has been recovered which is said to have used in the alleged offence. It is also submitted that the dead body of the victim has not been recovered as yet. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 7.11.2022.

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 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

Patna High Court CR. MISC. No.17562 of 2023(4) dt.01-08-2023 3/3 released on bail in connection with Palanwa P.S. Case No. 67 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 Additional District and Sessions Judge-VII-cum-Special Judge, POCSO Act, East Champaran at Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T