Shashi Kharwar @ Rajveer @ Shashi Bushan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56347 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- NATWAR District- Rohtas ====================================================== Shashi Kharwar @ Rajveer @ Shashi Bushan Prasad S/O Ashok Kharwar @ Ashok Prasad R/O Village- Mahrod, P.S- Natwar, Distt.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 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, 366A of the Indian Penal Code.
Prosecution case relates to abduction of minor daughter of the informant by the petitioner while she had gone for her tution class. Her mobile was found switched off. During search, informant came to know that petitioner had kidnapped her.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Statment of the victim girl was recorded u/s 164 Cr.P.C. in which she disclosed that she was in talking term with the
Patna High Court CR. MISC. No.56347 of 2023(3) dt.03-10-2023 2/2 petitioner and out of her own sweet will, she had gone to Delhi with the petitioner. She has not raised any finger against the petitioner for any overt act. Petitioner has got no criminal antecedent and languishing in judicial custody since 21.12.2022. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail 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 ADJ VII-cum-Exclusive Special Judge, POCSO Act, Sasaram (Rohtas) in connection with Natwar P.S. Case No. 193 of 2022. (Sunil Kumar Panwar, J) sushma/- U