Patna High CourtCR. MISC./48933/2023allowed

Niranjan Kumar v. The State Of Bihar

2023-10-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48933 of 2023 Arising Out of PS. Case No.-345 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Niranjan Kumar Son Of Dwarika Mahto R/O-Khodhwa, P.S.-MAJHAULIYA, Distt.-WEST Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rishabh Mishra For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 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 366A of the Indian Penal Code, Section 8 of the POCSO Act and Sections 3(i)(r)(s) of SC/ST Act.

3. Allegation against the petitioner is that he abducted the daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim recovered and her statement was recorded under Section 164 of the Cr.P.C., in which she has not whispered any complicity of the petitioner rather she stated that she solemnized marriage with this

Patna High Court CR. MISC. No.48933 of 2023(5) dt.18-10-2023 2/2 petitioner in temple out of her own sweet will. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.05.2023.

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 Bettiah Mufassil P.S. Case No. 345 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VIth Cum Special Judge (POCSO), Bettiah, West Champaran/ Concerned Court.

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