Priyanshu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44955 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- KACCHWA District- Rohtas ====================================================== Priyanshu Thakur Son Of Ramjee Thakur @ Nanak Thakur R/O VillageDanwar, P.S.- Kachhawa, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Pandey For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code and later on charge sheet has been submitted under Section 366(A), 376 of Indian Penal Code and Section 4/6 of POCSO Act.

It is a case of abduction of minor daughter of the informant by the petitioner and other co-accused persons.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.44955 of 2022(3) dt.10-01-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 01.02.2022. It is further submitted that there is love affair between the petitioner and informant's daughter ie. victim girl and she went with petitioner with her own sweet will. The victim has not whispered of committing anything wrong with her by the petitioner, in her statement recorded under Section 164 of Cr.P.C. in the medical report, no injury either internal or external, has been found over the body of victim and also there was no sigh of sexual intercourse. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.44955 of 2022(3) dt.10-01-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kachhawa P.S. Case No. 100 of 2021on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-cumSpecial Judge POCSO, Rohtas, Sasaram. (Sunil Kumar Panwar, J) nirajkrs/- U T