Bigan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41169 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== BIGAN RAM S/o Late Motor Ram R/o Village Mishraulia (Mangalpur) P.S. Ramgarhwa Dist East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act. As per prosecution case, it is a case of abduction of informant' daughter, aged about 13 years on the false pretext of solemnization of marriage. Thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father-in-law of main co-accused Anil Kumar Singh who took away the informant's daughter due to this reason the petitioner has falsely been implicated in this case. From perusal

Patna High Court CR. MISC. No.41169 of 2023(2) dt.14-07-2023 2/2 of statement of victim recorded u/s 164 of Cr.P.C., she has not made any allegation of abduction against the petitioner. The petitioner has no manner concern with the alleged occurrence. He has got no criminal antecedent as stated in para-3 of the petition. It is further submitted that the petitioner is languishing in judicial custody since 20.3.2023.

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

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 Raxaul P.S. Case No. 125 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional District and Sessions Judge-cum-Special Judge POCSO Act, East Champaran at Motihari.

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