Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56094 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- SIMRA District- West Champaran ====================================================== MUKESH YADAV Son of Ghura Yadav @ Dhura Yadav Resident of Village - Santpur, P.S.- Dumri (Gobardhana), District - West 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.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 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 sections 363, 366A/34 of the Indian Penal Code and section 8 of POCSO Act. As per allegation in the FIR, several accused persons including the petitioner have abducted the minor daughter aged about 13 years with a view to marry her by the petitioner. . Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet will, she has left her house and went to the house of petitioner's

Patna High Court CR. MISC. No.56094 of 2022(3) dt.04-04-2023 2/2 fuaa. She has not raised any finger against the petitioner for any offence. Age of the daughter of the informant has been accessed as 16 years by the trial court in her deposition. Petitioner is languishing in judicial custody since 21.5.2022. Learned APP appearing for the State has opposed the prayer of Bail.

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

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 District and Sessions Judge-cum-Special Judge, POCSO, Bettiah, West Champaran in connection with Semra (Chiutaha O.P.) P.S. Case No. 42 of 2022.

(Sunil Kumar Panwar, J) sushma/- U