Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44040 of 2023 Arising Out of PS. Case No.-439 Year-2022 Thana- DELHA District- Gaya ====================================================== ANAND KUMAR Son of Gowardhan Paswan @ Gobardhan Paswan Resident of village - Badki Delha Das toli, P.S. - Delha, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manisha Prakash For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections366(A), 341, 323, 504, 506/34 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

3. The prosecution case, in brief, is that the informant alleged that his daughter, aged about 15 years, had gone to study but she did not return. Thereafter, the informant came to know that his daughter has been abducted by the accused petitioner for purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was

Patna High Court CR. MISC. No.44040 of 2023(3) dt.10-08-2023 2/2 recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution version and stated that she went from home and solemnized marriage with the petitioner out of her own sweet will. The victim also stated her age about 18 years. It is further submitted that the petitioner is languishing in judicial custody since 5.1.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Delha P.S. Case No. 439 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Court-cum-Addl. District and Sessions Judge, VIth, Gaya.

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