Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29597 of 2021 Arising Out of PS. Case No.-334 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MANOJ KUMAR Son of Late Dhiru Mahto @ Devenbdra Mahto Resident of Village- Sadpura, Neem Chawk, P.S.- Kazi Mohammadpur, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Manoj, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Mr. Dashrath Mehra.

The petitioner seeks regular bail in connection with Kazi Mohammadpur P.S. Case No. 334/2020 (POCSO GR No. 21/2021), registered for the offence punishable under Sections 363, 366A of the Indian Penal Code and Section 8/12 of the POCSO Act, 2012.

The allegation is regarding the petitioner having kidnapped the victim girl.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.29597 of 2021(3) dt.07-12-2021 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 7.12.2020. The learned counsel for the petitioner has referred to the statement made by the victim girl under Section 164 Cr.P.C. to show that the victim girl has stated that she had voluntarily gone with the petitioner and the fact is that the petitioner has not indulged in committing any sort of misdeed with her.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.29597 of 2021(3) dt.07-12-2021 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned VIth Additional Session Judge-cum-Spl. Judge POCSO Act, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 334/2020.

(Mohit Kumar Shah, J) Ajay/- U T