Anil Agarwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57840 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- DELHA District- Gaya ====================================================== Anil Agarwal S/O Navneet Agarwal @ Navdeep Agrawal R/O One Fast Food And Pizza Point, 249, Aara Sagar Circular Road, P.S- Basni, Distt.- Ajmer. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 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 366(A), 376(3), 370(3)(4)(6) of the Indian Penal Code and Sections 4/6 of the POCSO Act.

3. As per prosecution case, the minor daughter of the informant was abducted and sold by the co-accused Supriya Kumari for purpose of illegal word. The petitioner is said to be involved in the allleged offence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. He has falsely been implicated in this case. It is further submitted vide para 11 of the

Patna High Court CR. MISC. No.57840 of 2023(3) dt.05-10-2023 2/2 petition that the victim was taken to Ajmer by co-accused where, the petitioner & victim got married in Court as well as in a temple and in support of this fact, Annexure-2 has been annexed. The victim girl has not stated the name and complicity of the petitioner in her statement recorded u/s 164 of the Cr.P.C. The medical report of the victim girl has also not corroborated the prosecution case. The petitioner has got no criminal antecedent and languishing in judicial custody since 20.5.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Delha P.S. Case No. 15 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 Additional District Judge-VI-cum-POCSO Court, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T