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Patna High CourtCR. MISC./52032/2021bail granted

Laddu @ Laddu Kumar @ Dheeraj Kumar v. The State Of Bihar

2022-03-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52032 of 2021 Arising Out of PS. Case No.-154 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== LADDU @ LADDU KUMAR @ DHEERAJ KUMAR S/o Late Heeralal Prasad R/o Village- Bhediharwa, P.S.- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 366A and 34 of the Indian Penal Code and section 8 of the POCSO Act. As per the prosecution case, the minor daughter of the informant was kidnapped by the accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The daughter of the informant returned and the Medical Board vide its report dated 23.4.2021 assessed the age of the daughter of the informant to be between 19-20 years. Further, in her statement under section 164 Cr.P.C., the daughter of the informant has stated that she went to Tatanagar out of her own free will. The

Patna High Court CR. MISC. No.52032 of 2021(2) dt.03-03-2022 2/2 petitioner used to reside there. On learning about the lodging of the case, she returned. The petitioner is in custody since 19.4.2021 and investigation in the case has concluded. He has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record especially the contents of the statement of the daughter of the informant under section 164 Cr.P.C., the Court directs the petitioner to be enlarged on bail in connection with Nautan P.S. Case no.154 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO-cumAdditional District Judge 6th, Bettiah, West Champaran. (Partha Sarthy, J) Saurabh/- U T