Patna High CourtCR. MISC./53407/2023allowed

Bhola Paswan v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53407 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== BHOLA PASWAN S/O SHANKAR PASWAN R/O VILLAGE- HASANPUR RANGA, P.S- MUFFASIL, DISTT.- MUNGER.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 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, 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. According to the prosecution case, the petitioner is alleged to have abducted the minor daughter of the informant after enticing her.

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 victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution

Patna High Court CR. MISC. No.53407 of 2023(3) dt.31-10-2023 2/2 version and stated that she went from her home out of her own sweet will. She did not whisper any complicity of the petitioner regarding physical misbehave or assault. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 7.4.2023.

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 period 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 Muffasil P.S. Case No. 106 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act)- cum-Addl. Sessions Judge, VI, Munger.

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