Shiv Balak Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28730 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== Shiv Balak Ram Son Of Rajendra Ram, Resident of Village - Banchahari, Police Station - Bagaha, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Ms. Usha Kumari 1, APP For the Informant :

Ms. Prerna Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bagaha Mahila P.S. Case No. 23 of 2022 lodged under Sections 363, 366(A), 504 and 506/34 of the I.P.C., Section 8 of POCSO Act and Sections 3(i)(r)(s) of SC & ST Act.

As per prosecution case, the allegation against 6 named accused persons is that they have kidnapped the daughter of the informant with a view to marry.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.28730 of 2022(3) dt.16-11-2022 2/2 further submits that the alleged victim has recovered and narrated her statement under Section 164 Cr.P.C. before learned Magistrate and not made any allegation against anyone. Learned counsel for the State submits that in statement recorded under Section 164 Cr.P.C. victim has not made any allegation against anyone.

Learned counsel for the informant also appears and he also supported the case of the petitioner.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cumSpecial Judge (POCSO), West Champaran at Bettiah in connection with Bagaha Mahila P.S. Case No. 23 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T