Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38522 of 2023 Arising Out of PS. Case No.-253 Year-2022 Thana- AMARPUR District- Banka ====================================================== SAURABH KUMAR S/O CHUNNILAL PANJIYARA @ CHANDESHWARI PANJIYARA @ CHANILAL PANJIYARA R/O VillageNagardih, P.S- Amarpur (Fullidumar), Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A of the Indian Penal Code and Section 8 of the POCSO Act.

3. The prosecution case, in brief, is that the informant alleged that her daughter, aged about 13 years, has been abducted by the accused persons including the petitioner on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded under section

Patna High Court CR. MISC. No.38522 of 2023(3) dt.08-08-2023 2/2 164 of Cr.P.C. vide para 79 of the case diary, wherein, she did not support the prosecution version and stated that she went from her home and solemnized marriage with the petitioner in the temple out of her own sweet will. She stated her age about 19 years. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amarpur (Fullidumar) P.S. Case No. 253 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-6-cum-Special Judge, POCSO, Banka.

(Sunil Kumar Panwar, J) Amandeep/- U T