Duddu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37775 of 2025 Arising Out of PS. Case No.-385 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Duddu Das son of Dukhan Das Resident of Village- Chaman Bigha PS -Jehanabad (Karouna) Dist -Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajendra Das Son of Late Kalidas Resident of Village- Chaman Bigha PS -Jehanabad, Karona Dist -Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State. None appears on behalf of the informant despite notice being validly served. Perused the case diary.

2. The petitioner seeks bail in connection with POCSO Case No. 85 of 2024 arising out of Jehanabad (Karona) P.S. Case No. 385 of 2024 instituted for the offences under Sections 363, 366A, 341, 323, 504, 506, 34 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

3. Accusation against the petitioner is of luring away the victim girl on the pretext of marriage.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.37775 of 2025(4) dt.22-08-2025 2/3 Learned counsel for the petitioner submitted that victim in her Statement recorded under Section 164 of the Cr.P.C. has specifically stated that she left her house on her own sweet will and this petitioner never gave any compulsion or threat to her. He further submitted that nothing has been whispered against the petitioner in Section 164 Cr.P.C. statement of the victim, however, police after investigation submitted charge-sheet under Section 363, 366A, 376, 504, 506, 34 of the Indian Penal Code and Sections 4/6 of the POCSO Act. Learned counsel further submitted that trial is already in progress and four witnesses including victim has also been examined. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.06.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioner in Section 164 Cr.P.C. statement of the victim coupled with the fact that victim has already been examined as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.37775 of 2025(4) dt.22-08-2025 3/3 bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with POCSO Case No. 85 of 2024 arising out of Jehanabad (Karona) P.S. Case No. 385 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T