Md Kamal @ Md Kaamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57990 of 2022 Arising Out of PS. Case No.-242 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Md Kamal @ Md Kaamal Son Of Late Mansur Ahamad @ Mansoor Alam @ Md. Mansoor Alam Resident Of Village- Rampur Kodar, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Kesariya P.S. Case No. 242 of 2022 registered under sections 366A and 34 of the Indian Penal Code and Section 8/12 of the POCSO Act.

Allegation against the petitioner and other co-accused persons is that when the daughter of the informant went to attend nature call, in the meantime, they kidnapped her daughter with intention to marry.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that there is inordinate delay of about two days in lodging the F.I.R and there is no explanation of the same. The statement of the

Patna High Court CR. MISC. No.57990 of 2022(3) dt.15-03-2023 2/2 victim was recorded under Section 164 of the Cr.P.C. in which she does not whisper any complicity about the petitioner rather she went with him out of her own sweet will. She further stated that petitioner has not committed any wrong with her and also did not say anything against the petitioner in respect of the commission of offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 10.06.2022. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail.

The above named petitioner is directed to be enlarged on bail in connection with Kesariya P.S. Case No. 242 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge cum Special Judge, POCSO Act, Motihari, East Champaran.

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