Hanuman Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57420 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- ITARHI District- Buxar ====================================================== Hanuman Upadhyay S/O Kanhaiya Upadhyay R/O Village And P.OBaikunthpur, P.S- Sikraul Lakh, Distt.- Buxar At Present Residing At Mohalla And P.O- Sohanpatti, P.S- Buxar Town, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 363, 366A, 370, 372, 120B, 420 of the Indian Penal Code and Section 8 of the POCSO Act.

Prosecution case relates to abduction of daughter of the informant by the petitioner for marriage purpose. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has not whispered the name and complicity of the petitioner. She had made specific allegation of human

Patna High Court CR. MISC. No.57420 of 2023(3) dt.03-10-2023 2/2 trafficking against co-accused Sanjay Kumar, who had firstly approached her and called her for making TIKTOK video. No one has physically assaulted or abused her. Petitioner is languishing in judicial custody since 26.5.2023. Learned APP appearing for the State has opposed the prayer of 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 6th- cum-POCSO Court, Buxar in connection with Itadhi P.S. Case No. 137 of 2023. (Sunil Kumar Panwar, J) sushma/- U