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Patna High CourtCR. MISC./16675/2019bail granted

Sudhir Kumar v. The State Of Bihar

2019-04-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16675 of 2019 Arising Out of PS. Case No.-855 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== SUDHIR KUMAR Son of Kailu Yadav @ Kailash Resident of Village - Aaure, P.S.- Ramgarh Chowk, Distt -Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Ghosarvey For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 366A, 120B of the Indian Penal Code and Sections 4/6 of the POCSO Act.

The prosecution case in short is that the accused persons forcibly abducted the minor bhagini of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.1.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The victim girl has already been recovered. On recovery, the statement of the victim has been

Patna High Court CR. MISC. No.16675 of 2019(3) dt.30-04-2019 2/2 recorded under Section 164 Cr.P.C. in which she has stated that she was taken for the purpose of marriage. As per Annexure-2, the age of the victim girl is 18 years and above. On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-1-cum- Special Judge, Lakhisarai in connection with POCSO-1/2018 arising out of Lakhisarai (Ramgarh Chowk) P.S. Case No. 855/2018. (Sudhir Singh, J) Pankaj/- U T