Avinash Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48597 of 2022 Arising Out of PS. Case No.-951 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Avinash Kumar Patel S/O Sri Rudal Mahto Resident Of Pandey- Galli, P.S.- Muzaffarpur (Town), District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayuri For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 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 Sections 363, 366(A)/34, 376 of the Indian Penal Code, Section 4,6, of POCSO Act and Section 66(E), 67 of I.T. Act.

Allegation against the petitioner is that he has abducted the minor daughter of the informant for solemnization of marriage.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.48597 of 2022(3) dt.19-01-2023 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 27.06.2022. Victim has recorded her statement under Section 164 of Cr.P.C. and she has stated that petitioner has taken away her in lonely place and compel her for solemnization of marriage. She has further stated that petitioner has not committed any wrong to her. 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 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Muzaffarpur(Town) P.S. Case No. 951 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.48597 of 2022(3) dt.19-01-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VIth-cum-Special Court, Muzaffarpur.

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