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Patna High CourtCR. MISC./42201/2023allowed

Panchanand Das @ Alok Kumar @ Parmanand Das Ranjan v. The State Of Bihar

2023-10-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42201 of 2023 Arising Out of PS. Case No.-429 Year-2022 Thana- RAJAON District- Banka ====================================================== PANCHANAND DAS @ ALOK KUMAR @ PARMANAND DAS RANJAN SON OF LATE MOHN DAS Village- Khirjan Ps- Rajoun DistBanka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Harni Devi wife of Pradeep Das Village- Khirjan Ps- Rajoun Dist- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366A of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per FIR, the informant alleged that the petitioner and other co-accused persons kidnapped her minor daughter due to ulterior motives. It is further alleged that when the informant went to the house of the petitioner to complain, then he and his other family members abused the informant.

Patna High Court CR. MISC. No.42201 of 2023(4) dt.16-10-2023 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. The FIR has been lodged after dealy of seven days without given any cogent reason. From perusal of the statement of the victim recorded under Section 164 of the Cr.P.C., it appears that the petitioner took her to Haridwar and kept her in a room but he has not committed any physical assault with her. It is further submitted that the medical report has also not supported the prosecution version. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since long.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajoun P.S. Case No. 429 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.42201 of 2023(4) dt.16-10-2023 3/3 learned Additional Sessions Judge-VI-cum-Special Judge POCSO, Banka.

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