Nand Kishore Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45275 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Nand Kishore Rai S/o Yadolal Yadav @ Jadolal Yadav R/o Village-Kalyanpur Vrit, P.S.-Kotwa, District-east Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
PRABHAWATI DEVI WIFE OF SUNIL SAH VILLAGE- KOTWA, P.S.- KOTWA, DISTT.- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwari For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Kotwa P.S. Case No. 113 of 2024 registered for the offences punishable under Sections 363, 366A of the Indian penal Code read with Section 8 and 12 of the POCSO Act.
3. As per allegation, the daughter of the informant was kidnapped by the petitioner.
4. Learned counsel for the petitioner has submitted that the victim in her statement under Section 164 of the CrPC did not support the prosecution case and has specifically stated that she went with the petitioner as per her own sweet will. His further submission is that the age of the victim as per school certificate is 17 years 6
Patna High Court CR. MISC. No.45275 of 2024(2) dt.03-07-2024 2/2 months which shows that she is on the verge of majority.
5. Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Court of 6th Additional Sessions Judge-cum-Special Judge, POCSO Motihari, East Champaran in connection with Kotwa P.S. Case No. 113 of 2024, subject to the following condition:- The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) SONALI/- U T