Bal Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38140 of 2022 Arising Out of PS. Case No.-299 Year-2021 Thana- SAUR BAZAR District- Saharsa ====================================================== BAL KISHOR YADAV Son of Late Beelo yadav Resident of Village - Madhepura Tola, Ward NO. 08, Police Station- Saur Bazar, District - Saharsa. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with POCSO Case No. 37 of 2021, Sour Bazar P.S. Case No. 299 of 2021, registered for the offences punishable under Sections 363, 366A and 120B of the Indian Penal Code and Section 8 of the POCSO Act.

The allegation is regarding the accused persons including the petitioner herein having kidnapped the minor daughter of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.38140 of 2022(5) dt.30-01-2023 2/3 been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 22.06.2021. The learned counsel for the petitioner has further submitted that the victim girl has already been recovered and she has not named the petitioner to be the perpetrator of the crime.

Per contra, though the learned A.P.P. for the State has vehemently opposed the prayer for bail and has referred to the counter affidavit filed in the present case today in the Court itself, which has been taken on record, to submit that the victim girl has been recovered and in her statement made under Section 164 Cr.P.C., before the learned Magistrate, she has stated that she had fled away voluntarily with one Guddu Kumar and she is staying with him since about one and a half year in Punjab.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials

Patna High Court CR. MISC. No.38140 of 2022(5) dt.30-01-2023 3/3 available on record as also those available in the case diary, this Court does not prima facie find the petitioner to be having any complicity in the alleged crime and apparently he has been roped in the present case merely because he is stated to be the uncle of the aforesaid Guddu Kumar, apart from the fact that he is having a clean antecedent and is languishing in custody since 22.06.2021, hence I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released 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 Additional Sessions Judge-I-cum-Special Judge (POCSO), Saharsa in connection with POCSO Case No. 37 of 2021, Sour Bazar P.S. Case No. 299 of 2021.

(Mohit Kumar Shah, J) S.Sb/Saurav U T