Gautam Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35464 of 2024 Arising Out of PS. Case No.-46 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== Gautam Kumar Rai WIFE OF RAM UDISH RAI R/O VILLAGE- AWARI, P.S.- SAHARGHAT, DIST-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 341, 323, 504, 506, 363, 366A/34 of the IPC and section 8/12 of POCSO Act. 3.

Allegation against the F.I.R. named accused persons including the petitioner is that they have kidnapped the minor daughter of the informant with the intention to marry or sell her. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence, in the manner as alleged, has ever taken place. There is no specific allegation against the petitioner. It is further submitted that the statement of the victim was recorded u/s 164 Cr.P.C., in which, she has not

Patna High Court CR. MISC. No.35464 of 2024(2) dt.17-05-2024 2/2 supported the prosecution case. The petitioner has no criminal antecedent and has been languishing in custody since 08.01.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Saharghat P.S. Case No.46 of 2023.

(Anjani Kumar Sharan, J) pallavi/- U T