Patna High CourtCR. MISC./48869/2023bail granted

Sanjay Kumar v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48869 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- ITARHI District- Buxar ====================================================== Sanjay Kumar Son Of Ram Kathin R/O-Sultanpur, P.S.-RASARA, Ditt.- BALIA (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Itarhi P.S. Case No. 137 of 2023 dated 26.05.2023 registered for the offences punishable under Sections 363, 366A, 370, 372, 120B and 420 of the Indian Penal Code and 8 of the POCSO Act.

4. As per the prosecution case, two unknown miscreants are alleged to have kidnapped the minor daughter of the informant by enticing her for the purpose of selling.

Patna High Court CR. MISC. No.48869 of 2023(2) dt.16-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The victim was not forced to have illicit relationship with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with Itarhi P.S. Case No. 137 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T