Guddu Kumar @ Guddu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57811 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- PIPRA District- East Champaran ====================================================== GUDDU KUMAR @ GUDDU SAHANI Son of Yogendra Sahani VILLAGE TAJWA KOIRGANWA, PS PIPRA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 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, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

Prosecution case relates to kidnapping of minor daughter of the informant by the petitioner for illegal purpose. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. After recovery of the victim girl, her statement was recorded u/s 164 Cr.P.C. in which she has made specific allegation of rape against co-accused Deepak and others, who had also used her for immoral trafficking. She has not made any

Patna High Court CR. MISC. No.57811 of 2023(3) dt.09-10-2023 2/2 allegation against the petitioner for physical misbehavior. FIR has been lodged after a delay of seven months. Petitioner has got no criminal antecedent and languishing in judicial custody since 14.6.2023.

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 7th Additional Sessions Judge,-cum-Special Judge POCSO at Motihari, East Champaran in connection with Pipra P.S. Case No. 179 of 2023.

(Sunil Kumar Panwar, J) sushma/- U