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Patna High CourtCR. MISC./18333/2022allowed

Dilkhush Kumar @ Niranjan Kumar v. The State Of Bihar

2023-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18333 of 2022 Arising Out of PS. Case No.-724 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== Dilkhush Kumar @ Niranjan Kumar Son Of Ram Sogarath Yadav R/O Village- Nariyan West To Nahar, P.S.- Saharsa Sadar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Madan 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 12.12.2021 in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code and Section 8 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 has stated that she of her own volition

Patna High Court CR. MISC. No.18333 of 2022(3) dt.02-01-2023 2/2 went along with the petitioner. The victim has not alleged any sexual assault against the petitioner. The petitioner is in custody since 12.12.2021.

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 Additional Sessions Judge-I-cum-Special Judge (POCSO), Saharsa in connection with Saharsa P.S. Case No. 724 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T