Patna High CourtCR. MISC./55040/2023allowed

Bindeshwar Yadav v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55040 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- KAKO District- Jehanabad ====================================================== Bindeshwar Yadav S/O Late Paltan Yadav R/O Mohalla- Kanak Bigha, P.SKako (BHELABER O.P.), Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365 and 504 of the Indian Penal Code and Section 8 of the POCSO Act.

3. Allegation against the petitioner along with other co-accused person is that they abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case only because he is the father of the main accused person, namely, Sudama

Patna High Court CR. MISC. No.55040 of 2023(3) dt.28-11-2023 2/2 Kumar. The victim recovered and not stated any complicity of the petitioner in her statement recorded under Section 164 of the Cr.P.C. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.03.2023.

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

6. 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 Kako, Bhelabar O.P. P.S. Case No. 66 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, VI cum Spl. Judge (POCSO) Act, Jehanabad.

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