Rupesh Mandal @ Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56068 of 2023 Arising Out of PS. Case No.-367 Year-2023 Thana- AMARPUR District- Banka ====================================================== RUPESH MANDAL @ RUPESH KUMAR S/o- Sarvan Mandal VillagePandav chak Ps- Amarpur Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Pandey For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, of the Indian Penal Code and Section 8 of the POCSO Act.
As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped daughter of the informant due to ulterior motives. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. As per statement of the victim recorded under
Patna High Court CR. MISC. No.56068 of 2023(2) dt.31-08-2023 2/2 Section 164 of the Cr.P.C., which is mentioned in case diary, wherein victim stated that she was in love with this petitioner and she went with him with her own sweet will. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.05.2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amarpur P.S. Case No. 367 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 concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T