Baljit Patel @ Baljit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28319 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- LAURIA District- West Champaran ====================================================== BALJIT PATEL @ BALJIT Son of Bichandi Patel @ Bhindi Patel Resident of Village - Gobraura, P.s.- Lauriya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh, Mr. Utpal Kant For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 366A read with 34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per the prosecution case, the petitioner and coaccused persons kidnapped the minor daughter of the informant who is 17 years old for the purpose of marriage. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.28319 of 2022(2) dt.20-09-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There was love affair between the petitioner and the informant. The F.I.R was lodged against the petitioner after delay of more than 50 days. A case under POCSO Act is not made out in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran, Bettiah in connection with Lauria P.S. Case No. 28 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T