Amit Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44080 of 2023 Arising Out of PS. Case No.-315 Year-2020 Thana- WARISLIGANJ District- Nawada ====================================================== Amit Pandey Son Of Mithilesh Pandey @ Mithlesh Pandey Resident Of Village - Kurkihar, P.S.- Wazirganj, District - Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, of the Indian Penal Code and Section 12 of the POCSO Act.

As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped daughter of the informant for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. As per statement of the victim recorded under

Patna High Court CR. MISC. No.44080 of 2023(2) dt.21-07-2023 2/3 Section 164 of the Cr.P.C., which is annexed as Annexure-2, wherein victim stated that she was in love with this petitioner and she went with him with her own sweet will and she has not stated about any physical assault and physical misbehave against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 14.09.2022.

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

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 Warisliganj P.S. Case No. 315 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI-cum Special Judge POCSO, Nawada. (Sunil Kumar Panwar, J) lata/- U T

Patna High Court CR. MISC. No.44080 of 2023(2) dt.21-07-2023 3/3