Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39170 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- AKBARNAGAR District- Bhagalpur ====================================================== Saurav Kumar, Son of Podi Yadav, Resident Of Village-Basantpur, P.S.- Akbarnagar, District- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rakesh Kumar Singh, Son of Parshuram Singh, Village-Basantpur, Ward No. 4, P.S-Akbar Nagar, District-Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Prakash, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with POCSO Case No. 191 of 2023 arising out of Akbar Nagar P.S. Case Case No. 83 of 2023, for the offence registered under Sections 363, 366(A)/34 of the I.P.C. and Section 4/6 of the POCSO Act.
3. As per the prosecution case, minor daughter of the informant aged about 17 years taken away by the accused persons including the petitioner with intention to marriage.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.39170 of 2024(3) dt.26-07-2024 2/3 petitioner is innocent and has been falsely implicated in the present case. It is further submits that the victim in her statement recorded under Section 164 Cr.P.C., did not leveled allegation against the petitioner and given statement that she was in love with the petitioner and her father wanted to solemnized her marriage with the other person so without saying anything to her family, she fled away from her house and went to her nanihal where she lived for two months. She has not been abducted by the petitioner and other co-accused persons. Petitioner has no criminal antecedent and he is in jail since 25.11.2023. Charge has already been framed and there is no chance of absconding the petitioner and tampering with the evidence.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of regular bail to the petitioner.
6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged 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 Exclusive Special Judge, POCSO -cum- Additional District & Sessions Judge- VI, Bhagalpur in connection with the POCSO
Patna High Court CR. MISC. No.39170 of 2024(3) dt.26-07-2024 3/3 Case No. 191 of 2023, arising out of Akbar Nagar P.S. Case No. 83 of 2023.
(Sunil Dutta Mishra, J) khushbu/- U T