Chhotu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20862 of 2023 Arising Out of PS. Case No.-364 Year-2022 Thana- DHAKA District- East Champaran ====================================================== CHHOTU PASWAN Son of Baidnath Paswan R/V- Bhandar, PS-Dhaka (Pachpakari) Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366(A), 34 of the Indian Penal Code and Section 8 of the POCSO Act. The allegation against the petitioner along with others is of kidnapping the minor daughter of the informant, when she went to attend nature's call.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she fall in love with the petitioner and fled away from her house and solemnized

Patna High Court CR. MISC. No.20862 of 2023(3) dt.17-07-2023 2/2 marriage with this petitioner. He further submitted that the victim girl does not whisper about the complicity of this petitioner and other co-accused. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Dhaka P.S. Case No. 364 of 2022.

(Sunil Kumar Panwar, J) arish/- U T