Deepak Kumar @ Deepak Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40517 of 2024 Arising Out of PS. Case No.-432 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== Deepak Kumar @ Deepak Sahani S/O Chhotu Sahani R/O Village- Pirokhaur, P.S- Madawapur, Distt.- Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Punam Karn W/o Manoj Karn R/o Village- Kumhara Vishanpur, P.S.- Dumra, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar, Adv.
For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sursand P.S. Case No. 432 of 2022 registered under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. As per the F.I.R., this petitioner along with other accused persons kidnapped the minor daughter of informant.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to malafide intention. Further submission is that the victim in her statement recorded under
Patna High Court CR. MISC. No.40517 of 2024(5) dt.20-08-2024 2/2 Section 164 Cr.P.C. denies the prosecution story and has categorically stated that no one has kidnapped her. She herself went to Delhi with this petitioner.
5. Learned A.P.P. for the State opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and the statement of victim recorded under Section 164 Cr.P.C., let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi in connection with Sursand P.S. Case No. 432 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T