Patna High CourtCR. MISC./43139/2023bail granted

Bindu Prasad v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43139 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Bindu Prasad, S/O Late Sheo Sah, R/O Village- Ruphari, Ps. Shikarganj, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Nath Jha, 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 Chiraiya (Shikarganj) P.S. Case No. 52 of 2023 dated 06.02.2023 registered for the offences punishable u/ss 363 and 366A of the Indian Penal Code and u/ss 4 and 8 of the POCSO Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the informant's daughter for the purpose of marriage.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43139 of 2023(2) dt.20-07-2023 2/2 this case. The victim in her statement recorded under Section 164 of Cr.P.C. has not stated anything against the petitioner rather the specific allegation has been levelled against the coaccused Chitranjan Kumar. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.02.2023.

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, East Champaran at Motihari in connection with Chiraiya (Shikarganj) P.S. Case No. 52 of 2023.

8. The application stands allowed.

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