Patna High CourtCR. MISC./39933/2024bail granted

Deepak Kumar Sharma v. The State Of Bihar

2024-07-29Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39933 of 2024 Arising Out of PS. Case No.-104 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== DEEPAK KUMAR SHARMA S/O RAMAYAN SHARMA R/O VILLAGEDASIYAON, P.S- NAWANAGAR, DISTT.- BUXAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Mantu Singh S/o Ram Nath Singh R/o village- Rajapur, P.S.-Nawanagar, District-Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-07-2024 Heard the learned counsel for the petitioner as well as the learned counsel for the informant.

2. The petitioner is seeking regular bail in connection with POCSO Case No. 32 of 2018 arising out of Nawanagar P.S. Case No. 104 of 2018 for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code and Section 08/11 of the POCSO Act..

3. As per allegation, the accused persons had kidnapped the minor daughter of the informant for the purpose of marriage.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the victim did not

Patna High Court CR. MISC. No.39933 of 2024(3) dt.29-07-2024 2/2 support the prosecution case in her statement under Section 164 of the CrPC. The investigating officer also did not find case true. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 16.04.2024.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the victim is a minor girl.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned ADJ-VI-cum-Special Judge POCSO Act, Buxar in connection with POCSO Case No. 32 of 2018 arising out of Nawanagar P.S. Case No. 104 of 2018, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T