Bablu @ Bablu Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57547 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- SIKRAUL District- Buxar ====================================================== BABLU @ BABLU TIWARY son of Jyotish Tiwary @ Jotik Tiwari VillageJamua Ps- Bairgania, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Mohan Das For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) of the Indian Penal Code and Sections 8/12 of the POCSO Act.
3. The allegation against the petitioner along with others is of abducting the daughter of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered, who is aged about 19 to 20 years as per Medical Board. The statement of the victim has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she called the petitioner at Dafadihri and solemnized marriage with this petitioner in a
Patna High Court CR. MISC. No.57547 of 2023(2) dt.01-09-2023 2/2 temple at Muzaffarpur. He further submitted that the victim girl does not whisper about the complicity of this petitioner and she wanted to go with her husband (petitioner). Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.06.2023.
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 Sikraul P.S. Case No. 22 of 2023.
(Sunil Kumar Panwar, J) arish/- U