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Patna High CourtCR. MISC./42574/2023bail granted

Shaukhi Ram @ Shaukhi Ray v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42574 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- MATIYARIA District- West Champaran ====================================================== Shaukhi Ram @ Shaukhi Ray S/O Lalu Ram @ Lau Ray R/O Village- Ward No. 12 Hardiya, Ps. Matiyariya, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Matiyaria P.S. Case No. 19 of 2023 dated 03.04.2023 registered for the offences punishable u/ss 363, 366A read with section 34 of the Indian Penal Code and section 12 of the POCSO Act.

4. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.42574 of 2023(2) dt.20-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is love affair between the parties. As per Aadhar Card the victim is a major girl. There is a delay of 19 days in lodging the FIR. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran, Bettiah in connection with Matiyaria P.S. Case No. 19 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T