Dilip Kumar Shah @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27902 of 2024 Arising Out of PS. Case No.-322 Year-2022 Thana- BAGHA District- West Champaran ====================================================== Dilip Kumar Shah @ Dilip Kumar Son of Pramod Shah R/o Village- Tonwa Barwa, War no.11, P.S.- Bhairoganj, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Bagaha Bhairoganj P.S. Case No. 322 of 2022 for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per allegation, the informant was unwell and he went to get medicine from the shop. After return at home, the informant's daughter was not present in the house. Thereafter, the informant searched the daughter and it was found that the petitioner had lured the informant's daughter and took her away.

4. The 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 the victim did not

Patna High Court CR. MISC. No.27902 of 2024(3) dt.31-07-2024 2/2 support the prosecution case. She has stated that in her statement recorded under Section 164 of the CrPC that she has solemnized marriage with the petitioner. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 24.01.2024.

5. The learned counsel for the informant has submitted that he has withdrawn his vakalatnama.

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/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions JudgeVII-cum-Special Judge, (POCSO) Bettiah, West Champaran in connection with Bagaha Bhairoganj P.S. Case No. 322 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T