Gorakh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51165 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- DHANSOI District- Buxar ====================================================== Gorakh Singh Son Of Ramashish Singh R/O-Kakriya, P.S.-Dhansoi, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363, 365 of the Indian Penal Code and chargesheet has been submitted under Sections 363, 366A of the Indian Penal Code and Sections 8/12 of POCSO Act.

It is a case of abduction of the informant's minor daughter aged about 16 years by the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of ill motive by the informant. The F.I.R. has been lodged after the delay of three days. As per statement of the victim girl recorded under Section 164 of

Patna High Court CR. MISC. No.51165 of 2023(4) dt.30-10-2023 2/2 the Cr.P.C., which is annexed with the case diary, there was love and affair between the victim and the petitioner. The victim has also stated that she left her house out of her own sweet will. She has not raised any finger against the petitioner for any overt act. It is further submitted that as per medical report, the age of the victim girl is about 17 to 18 years. A statement has been made in para-3 of the petition that the petitioner has got not criminal antecedent. The petitioner is languishing in judicial custody since 13.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 Buxar Dhansoi P.S. Case No. 82 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 District and Sessions Judge-VI-cum-Special Judge, POCSO Act, Buxar.

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