Dharmendra Saday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40212 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== Dharmendra Saday Son Of Madhuri Saday @ Madhuri Sadai Resident Of Village- Narayana Bajitpur, P.S.- Manigachhi, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code and Sections 8, 12 of the POCSO Act.

It is a case of abduction of the minor daughter of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and

Patna High Court CR. MISC. No.40212 of 2022(3) dt.16-01-2023 2/2 informant are co-villagers and due to village politics, the present case has been lodged. For the alleged occurrence of 06.03.2022, the F.I.R was registered on 17.03.2022. The victim in her 164 Cr.P.C statement has stated that she of her own called the petitioner and went along with him. She has not alleged any sexual assault against the petitioner. The petitioner is in custody since 19.03.2022.

Considering the 164 Cr.P.C statement of the victim girl and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Judge(POSCO Act), Darbhanga in connection with Manigachhi (Bajitpur O.P.) P.S. Case No. 45 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T