Patna High CourtCR. MISC./59315/2023allowed

Nanhak Yadav v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59315 of 2023 In CRIMINAL APPEAL (SJ) No.2695 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Nanhak Yadav Son Of Nandu Yadav R/O Vill - Ramsiriya, P.S. - Malahi, Distt. - East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Fuljhari Devi W/o Bigan Ram R/o vill - Chatiya tula Bhakt Math, P.S. - Malahi, Distt. - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, 120B and 34 of the Indian Penal Code and Section 8 of the POCSO Act and Sections 3(a)(v) of the SC/ST Act.

3. Allegation against the petitioner along with other co-accused persons is that they abducted the daughter of the informant when she went to attend the call of nature.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.59315 of 2023(2) dt.04-09-2023 2/2 falsely been implicated in this case. It is further submitted that the victim was recovered and she does not whisper any complicity of the petitioner rather she stated that she went with the petitioner out of her own sweet will and solemnized marriage with him in Surat. A statement has been made in para3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Govindganj(Malahi) P.S. Case No. 229 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge cum Special Judge, POCSO Act, East Champaran.

(Sunil Kumar Panwar, J) Shubham/- U T