Patna High CourtCR. MISC./46391/2023allowed

Arjun Das v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46391 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== ARJUN DAS Son of Paramatma Das @ Paramat Das Resident of village - Bhawanipur, P.s. - Sagarampur, Distt. - East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. The allegation against the petitioner is of abducting the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she fled away from her house and solemnized marriage with this petitioner in a temple. He

Patna High Court CR. MISC. No.46391 of 2023(3) dt.05-09-2023 2/2 further submitted that the victim girl does not whisper about the complicity of this petitioner. From the perusal of the Medical report, the doctor opined the age of the victim girl is about 1819 years. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 08.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Govindganj P.S. Case No. 195 of 2023.

(Sunil Kumar Panwar, J) arish/- U