Upendra Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53907 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- SONBERSA District- Saharsa ====================================================== UPENDRA MALAKAR S/o Late sitaram @ Ramotar Malakar Resident of Village Sonbarsa Raj, P.S.- Sonbarsa Raj, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 363, 366(A) of the Indian Penal Code and Sections 8, 12, 17 of POCSO Act.

Prosecution case, in short, is that the son of the petitioner abducted the minor daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.04.2022 and has got no criminal antecedent. Charge sheet has been submitted in the

Patna High Court CR. MISC. No.53907 of 2022(2) dt.21-12-2022 2/2 present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused due to mistake of fact. After investigation, the police has submitted final form finding the case to be false. The court below has differed and taken cognizance in the matter. Hence the present application has been filed.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Saharsa in connection with POCSO case No.35/2022 arising out of Sonbarsa Raj P.S. case No.88/2022.

(Sudhir Singh, J) Narendra/- U T