Rahul Kumar @ Rahul Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57452 of 2023 Arising Out of PS. Case No.-374 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== RAHUL KUMAR @ RAHUL KUMAR THAKUR S/O BHUPENDRA THAKUR R/O VILL.- BADHARWA, P.S.- MALAHI, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. The allegation against the petitioner along with others is of abducting the daughter of the informant, when she went to attend call of nature.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. From the perusal of the impugned order, it appears that the the victim girl has recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she

Patna High Court CR. MISC. No.57452 of 2023(2) dt.31-08-2023 2/2 stated that she fled away from her house and went to the house of petitioner and they both went Gujarat and solemnized marriage with this petitioner in a temple and in support of this Annexure-2 has been annexed with this petition. He further submitted that the victim girl does not whisper about the complicity of this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Govindganj P.S. Case No. 374 of 2022.

(Sunil Kumar Panwar, J) arish/- U