Bhuban Kumar @ Bhuban Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49332 of 2022 Arising Out of PS. Case No.-131 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Bhuban Kumar @ Bhuban Kumar Yadav Son Of Late Deep Narayan Yadav Resident Of Village - Ward No.3, Ghoganpatti, Dhabauli, P.S.- Saurbazar, Patarghat Op, Distt.- Saharsa.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajnish Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 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 of the Indian Penal Code and Section 4, 6 of the POCSO Act.

The prosecution case in nutshell is that minor daughter of the informant was taken away by the petitioner and other co-accused persons.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.49332 of 2022(4) dt.14-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case on the basis of village politics. The victim was recovered after 2 days and she in her statement, recorded under Section 164 of the Cr.P.C., stated that the petitioner has taken her away on motorcycle on the pretext of leaving her at her house but he took away her to other place. She has not whispered about commission of any wrong and outraging her modesty by the petitioner. She stated that petitioner has given her food for eating. Moreover, petitioner is languishing in judicial custody since 31.03.2022. 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

Patna High Court CR. MISC. No.49332 of 2022(4) dt.14-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Saurbazar P.S. Case No. 131 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge I-cum-Special Judge, Saharsa.

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