Dhiru Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56069 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- KHUDAGANJ District- Nalanda ====================================================== Dhiru Kumar Son Of Dharmendra Kumar @ Dharmendra Kumar Das R/O Village- Mahamadpur, P.S.- Khudaganj, District- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Gyanendra Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 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 section 366A of the Indian Penal Code.

The allegation as per the prosecution story against the petitioner is of abduction of daughter of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been made accused in this case on the basis of conjecture or assumption. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. After recovery of the victim, her statement recorded under section 164 of Cr.P.C. in which she did not whisper about commission of

Patna High Court CR. MISC. No.56069 of 2022(2) dt.17-01-2023 2/2 wrong but later on she only revealed his name. As per the impugned order, she aged about 17 years but commission of wrong has not been found with the victim in her medical report. It is further submitted that the petitioner is languishing in judicial custody since 4.3.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khudaganj P.S. Case No. 21 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 A.D.J.-VIIth-cum-Special Court under POCSO Act, Nalanda at Biharsharif. (Sunil Kumar Panwar, J) amandeep/- U T