Dipak Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48821 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- RAJPUR District- Buxar ====================================================== DIPAK KUMAR RAM S/O Prem Sagar Ram R/O Village- Rauni, P.SRajpur, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366 of the Indian Penal Code and Section 12 of the POCSO Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered and she is aged about 17 years, on the verge of maturity. From the perusal of the impugned order, it appears that the statement of the victim has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she fled away from her house

Patna High Court CR. MISC. No.48821 of 2023(2) dt.10-08-2023 2/2 with co-accused Shivam Kumar in Sasaram own her sweet-will and the co-accused Shivam Kumar pressurized the victim to marry with the petitioner. He further submitted that the victim girl does not whisper about the complicity of this petitioner and there is no complaint with regard to physical assault, sexual abuse/misbehave against the petitioner to the victim girl. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Rajpur P.S. Case No. 168 of 2023.

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