Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50246 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== DINESH KUMAR SON OF KAMESHWAR YADAV RESIDENT OF VILLAGE- NAMAGARH (CHAINPUR), PS- TANKUPPA, DISTT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Neetu Jha For the Opposite Party/s :

Mr. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

As per allegation in the FIR,minor daughter aged about 13 years old had gone to harvest paddy crops from the field, which is one kilometer away from her house and did not return to her home till night, a search was made. On next day informant got an information that co-accused Ajay Kumar abducted her for marriage.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is not named in the FIR. In her statement recorded

Patna High Court CR. MISC. No.50246 of 2023(2) dt.11-08-2023 2/2 u/s 164 Cr.P.C., she has made specific allegation of abduction and rape against co-accused Ajay Kumar and not against the petitioner. She has not raised any finger against the petitioner for any offence. Only because petitioner is relative of main accused, his name has been dragged in the present case. Petitioner has no criminal antecedent and he is languishing in judicial custody since 09.04.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 POCSO and Additional District and Sessions Judge VI, Gaya in connection with Tankuppa PS Case No. 159 of 2022. (Sunil Kumar Panwar, J) sushma/- U