Patna High CourtCR. MISC./32672/2024bail granted

Tinku v. The State Of Bihar

2024-05-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32672 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- KADWA District- Katihar ====================================================== Tinku SON OF GULAB RESIDENT OF VILLAGE- DAKHNESHWAR, PSGURUSARAI, DIST- JHANSI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kadwa P.S. Case No. 99 of 2023 dated 18.05.2023 registered for the offences punishable u/ss 363, 364, 366, 366A, 120B of the Indian Penal Code and section 3⁄4 of the POCSO Act.

3. As per the prosecution case, the co-accused persons and two unknown persons are alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of

Patna High Court CR. MISC. No.32672 of 2024(2) dt.07-05-2024 2/2 the petitioner has sprung up in the statement of the victim recorded u/s 164 of the Cr.P.C. There is general and omnibus allegation against the petitioner. There is nothing on record which shows that the victim was forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.01.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Katihar in connection with Kadwa P.S. Case No. 99 of 2023.

7. The application stands allowed.

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