← Library
Patna High CourtCR. MISC./51417/2023allowed

Durga Kewat @ Durga Choudhary v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51417 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== Durga Kewat @ Durga Choudhary Son Of Krishna Kewat @ Krishna Chudhary Village Bahadurganj, P.S Sigori @ Simandi, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoranjan Kumar For the Opposite Party/s :

Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 363, 366(A), 376, 376(3)/34 of the Indian Penal Code and Section 4,8,6,10 of the POCSO Act.

Prosecution case relates to abduction of daughter of the informant and one other girl by the petitioner and 11 other accused persons .

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Both victim girls went to Delhi with the petitioner and returned after two days. Statement of both the victim girls was recorded u/s 164 Cr.P.C. in which they have not made any allegation of physical or sexual abuse against the petitioner.

Patna High Court CR. MISC. No.51417 of 2023(5) dt.15-12-2023 2/2 Petitioner ha got no criminal antecedent and languishing in judicial custody since 8.9.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge, if not framed, 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 Additional Sessions Judge-VI-cumSpecial Judge (POCSO), Jehanabad in connection with POCSO Case No. 17 of 2023 arising out of Sakurbad PS Case No. 193 of 2022.

(Sunil Kumar Panwar, J) sushma/- U