Patna High CourtCR. MISC./43936/2023allowed

Aklesh Yadav @ Akhilesh Yadav v. The State Of Bihar

2023-08-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43936 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- BALTHAR District- West Champaran ====================================================== AKLESH YADAV @ AKHILESH YADAV SON OF BANARSI YADAV RESIDENT OF VILLAGE- GAURIPUR, PS- BALTHAR, DISTRICTWEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366(A) of the Indian Penal Code and Sections 4/8 and 12 of the POCSO Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant with an intention to marry.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she stated that she fell in love four years ago with this petitioner and

Patna High Court CR. MISC. No.43936 of 2023(3) dt.07-08-2023 2/2 petitioner made physical relation with her. The victim girl does not whisper about any complaint in her statement against this petitioner. Victim is aged about 17 years and on the verge of maturity. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Balthar P.S. Case No. 19 of 2023.

(Sunil Kumar Panwar, J) arish/- U T