Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42486 of 2023 Arising Out of PS. Case No.-646 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Amit Kumar Son Of Dinesh Thakur Resident Of Village - Tehta Razayeen, P.S. - Makhdumpur, Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 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 363, 366(A) and 354(B) of the Indian Penal Code and Section 8/12 of the POCSO Act.

Allegation against the petitioner is that he abducted the niece of the informant for the purpose of committing wrongdoings. It is further alleged that he used to tease the victim on regular basis when she used to go to school. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to personal grudge. It is further submitted that when victim was recovered, her statement

Patna High Court CR. MISC. No.42486 of 2023(3) dt.08-08-2023 2/2 was recorded under Section 161 of the Cr.P.C., in which she has not stated any physical assault or physical abuse by the petitioner. It is also submitted that there is no eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.09.2022.

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 Makhdumpur P.S. Case No. 646 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI-cumSpecial Judge (POCSO Act), Jehanabad. (Sunil Kumar Panwar, J) lata/- U T