Patna High CourtCR. MISC./43711/2023bail granted

Dilkhush Kumar v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43711 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Dilkhush Kumar S/O Brahmdeo Pandit @ Brahamdev Pandit R/O VillageBabhani Ward No. 7, Ps. Gamhariya, Dist. Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshay Lal Pandit, Advocate For the Informant : Mr. Barun Kumar Singh, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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 Madhepura P.S. Case No. 03 of 2023 dated 01.01.2023 registered for the offences punishable u/ss 363, 366A read with Section 34 of the Indian Penal Code and u/s 8 of the POCSO Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

Patna High Court CR. MISC. No.43711 of 2023(2) dt.27-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the victim has not raised any alarm during the course of travelling to Delhi. Learned counsel has further submitted that the victim was not forced to have illicit relationship with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.01.2023.

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, Madhepura in connection with Madhepura P.S. Case No. 03 of 2023.

8. The application stands allowed.

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