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Patna High CourtCR. MISC./17265/2020allowed

Durbal Pandey @ Durbal Kumar Pandey v. The State Of Bihar

2020-06-05Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17265 of 2020 Arising Out of PS. Case No.-487 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== DURBAL PANDEY @ DURBAL KUMAR PANDEY S/o Dhoray Pandey @ Siyaram Pandey R/o village- Sakhouri, P.S.- Sour Bazar (Pattarghat O.P.), District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with POCSO-57, Sour Bazar (Patarghat O.P.) P.S. Case No. 487 of 2019 registered under Sections 363, 366A and 34 of the I.P.C. and section 8 of POCSO Act.

Learned counsel for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the victim in her statement recorded under Section 164 Cr.P.C. has stated that she voluntarily performed marriage with the petitioner and nobody has kidnapped her, which is evident from Annexure-2. The petitioner is rotting in judicial custody since 24.12.2019.

Patna High Court CR. MISC. No.17265 of 2020(2) dt.05-06-2020 2/2 Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail on furnishing personal bond to the satisfaction of 1st Additional Sessions Judge -cum- Special Judge, POCSO, Saharsa in connection with POCSO-57, Sour Bazar (Patarghat O.P) P.S. Case No. 487 of 2019.

(Arvind Srivastava, J) brajesh/- U T