Chandan Swarnkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43323 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== CHANDAN SWARNKAR S/O SITA RAM SWARNKAR R/O VILLAGERAMPUR, WARD NO. 9 PS. MURLIGANJ, DISTT. MADHEPURA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) of the Indian Penal Code and Sections 8 of the POCSO Act.

3. The allegation against the petitioner is of abducting a girl with an intention to solemnization of marriage. It is further alleged that the petitioner and a girl were kept in custody by the villagers and they handed over them to the police.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she does not

Patna High Court CR. MISC. No.43323 of 2023(3) dt.28-08-2023 2/2 whisper about the complicity of this petitioner. There is no complaint with regard to physical assault, sexual abuse/misbehave against the petitioner to the victim girl. Petitioner is a married man, who is aged about 35 years and a common relationship of uncle and niece existed among them, both reside side by side and the victim girl known to the petitioner from childhood. He is languishing in judicial custody since 14.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Murliganj P.S. Case No. 54 of 2023.

(Sunil Kumar Panwar, J) arish/- U