Deepak Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58917 of 2023 Arising Out of PS. Case No.-222 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Deepak Kumar Patel S/O Rama Shankar Patel R/O Village- Sripur, TolaDharampur, Ward No.-12, P.S- Sugauli, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per prosecution case, the petitioner is alleged to have abducted the daughter of the informant on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. The victim girl was recovered who stated in her statement recorded u/s 164 of the Cr.P.C. that she has friendly relation

Patna High Court CR. MISC. No.58917 of 2023(3) dt.17-10-2023 2/2 with the petitioner and she used to talk him two years earlier to the present case which shows there is consensual relation between both of them. According to medical report of the victim which is at para-63 of the case diary, medial board members opined the age of victim is more than 19 years. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 18.4.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner abducted and he has committed wrong with the victim.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Govindganj P.S. Case No. 222 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 6th Addl. Dist & Sessions Judge-cumSpecial Judge, POCSO Act, Motihari at East Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T