Pappu Kumar @ Chhedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22139 of 2024 Arising Out of PS. Case No.-410 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Pappu Kumar @ Chhedi S/o Pukar Rai @ Ram Pukar Rai R/o vill - Bhagwanpur Ratti, P.S. and Distt. - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Indu Devi W/o Naresh Rai R/o vill - Keshopur, P.S. and Distt. - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Vaishali P.S. Case No. 410 of 2023 registered for the offences punishable under Sections 363, 366A, 376 of the Indian penal Code read with Section 4 of the POCSO Act.

3. As per allegation, the informant Indu Devi filed a complaint with SHO Vaishali on 22.09.2023. She reported that on 19.09.2023 around 8 PM, her 17-year-old daughter was abducted by the petitioner along with other co-accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that medical examination determined that

Patna High Court CR. MISC. No.22139 of 2024(3) dt.03-07-2024 2/2 the alleged victim was 22 years old at the time of the incident. He has also submitted that the victim in her statement recorded under Section 164 of the CrPC has stated that she went with the petitioner on her own sweet will and she has solemnized marriage with the petitioner.

5. On the other hand, learned APP, Mr. Shailendra Kumar has opposed the prayer for bail, but fairly conceded that the victim did not support the prosecution case in her statement under Section 164 of CrPC.

6. Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Court of Additional Sessions Judge-Vith-cum-Special Judge, POCSO, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 410 of 2023, subject to the following condition:- The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) SONALI/- U T