Patna High CourtCR. MISC./45687/2023allowed

Shankar Kumar v. State Of Bihar.

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45687 of 2023 Arising Out of PS. Case No.-962 Year-2022 Thana- BIHTA District- Patna ====================================================== SHANKAR KUMAR S/O DEV KUMAR MAHTO @ DEV KUMAR NISHAD R/O Vill- Bind Toli, Dekuli, P.S- Bihta, Distt.- Patna. ... ... Petitioner/s

Versus

State of Bihar.

Prabhu Kumar S/O Late Banshi Mahto R/O Village- Bind Toli, Dekuli, P.SBihta, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 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 Sections 8 and 12 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 161 of the Cr.P.C., wherein, she stated that she fled away from her house

Patna High Court CR. MISC. No.45687 of 2023(3) dt.12-09-2023 2/2 and went Delhi with this petitioner and out of her own sweetwill, she solemnized marriage with him in a temple. He further submitted that the victim girl does not whisper about the complicity of this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.12.2022.

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 Bihta P.S. Case No. 962 of 2022.

(Sunil Kumar Panwar, J) arish/- U