Uday Thakur @ Vivek Raushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29045 of 2024 Arising Out of PS. Case No.-323 Year-2023 Thana- AMAS District- Gaya ====================================================== Uday Thakur @ Vivek Raushan S/o Late Ram Chandra Thakur R/o VillageChandi Asthan, P.S.- Aamas, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Om Prakash Kumar For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Amas P.S. Case No. 323 of 2023 registered for the offence punishable under Sections363, 366(A)/34 of the Indian Penal Code and Section-8/12 of POCSO Act.
3. As per prosecution, the informant's daughter (victim) used to go to coaching. On 02-09-2023, the victim proceeded for Coaching but she did not return. On search and query made by the informant, it came to light that co-accused Akash Kumar has kidnapped the informant's daughter (victim).
4. Learned counsel for the petitioner has submitted that there is no allegation of kidnapping against the petitioner
Patna High Court CR. MISC. No.29045 of 2024(4) dt.18-07-2024 2/2 rather that allegation is against co-accused Akash Kumar who is nephew of the petitioner. It has further been submitted that Akash Kumar solemnized marriage with the victim girl. The petitioner is in custody since 31-12-2023 merely because Akash Kumar had brought the victim girl into house of the petitioner.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge, POCSO, Gaya in connection with Amas P.S. Case No. 323 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T