Abhishek @ Vickky Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44393 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Abhishek @ Vickky Pandey Son Of Basant Pandey Resident Of VillageMahui, Ps- Ramnagar, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Today, learned counsel for the informant filed Vakalatnam.

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 sections 363, 366(A), 504/34 of the Indian Penal Code and Section 12 of the POCSO Act but charge-sheet has been submitted u/s 363, 366A, 376 of the I.P.C. along with section 4 of the POCSO Act.

3. The prosecution case, in brief, is that the informant alleged that her daughter, aged about 17 years, went to nature's call but she did not return. Thereafter, the informant came to know that her daughter has been abducted

Patna High Court CR. MISC. No.44393 of 2023(3) dt.10-08-2023 2/3 by the petitioner at the pretext of solemnization 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. It is submitted vide para 6 of the petition that the victim girl was 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 her home out of her own sweet will for the purpose of marriage. It is also submitted that good sense has been prevailed between the parties and this fact is also asserted by the learned counsel of the informant. Moreover, the petitioner has got no criminal antecedent and languishing in judicial custody since 15.3.2023.

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 Ramnagar P.S. Case No. 113 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44393 of 2023(3) dt.10-08-2023 3/3 satisfaction of learned Special Judge, POCSO cum-A.D.J. VII, West Champaran.

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