Chhotu Kumar @ Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56350 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- LODIPUR District- Bhagalpur ====================================================== Chhotu Kumar @ Chhotu Yadav Son Of Ashok Yadav R/O VillageBishanpur, Jichho, P.S.- Lodipur, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Adv.

For the State :

Mr. Shantanu Kumar, Adv.

For the Informant/s :

Mr. Ravindra Kr. Jain, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A, 504/34 of the Indian Penal Code and later on added section 8 of the POCSO Act.

Allegation against the petitioner is that he enticed and abducted the daughter of the informant, who is allegedly aged about 15 years. It is further alleged that when the informant went to the house of the petitioner, co-accused persons assaulted and dragged out her.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to local village politics. The statement of victim recorded under section 164 of

Patna High Court CR. MISC. No.56350 of 2022(2) dt.16-02-2023 2/2 Cr.P.C. which is annexed as Annexure-2, wherein, she stated that she went with this petitioner with her own sweet will thereafter they solemnized marriage in Banka Court on 1.6.2022. It is further submitted that the victim girl is major and aged about 18 years. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 4.6.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular 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 released on bail in connection with Lodipur P.S. Case No. 125 of 2022 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 and Sessions Judge, 6th, Bhagalpur-cum-Special Court, POCSO Act, Bhagalpur.

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