Pawan Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59931 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== Pawan Kumar Sharma S/O Kundan Sharma R/O Village- Ramnagar Khawan, Ps. Ratwara (ALAMNAGAR), Dist. Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Adv.

Mr. Satya Veer, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 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 366, 366A, 376/34 of the Indian Penal Code and Section 4 of the POCSO Act. As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped the daughter of the informant for the purpose of marriage when she went for natural call.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded under Section 164 of the Cr.P.C., which is annexed with the case diary, wherein she has

Patna High Court CR. MISC. No.59931 of 2023(3) dt.04-10-2023 2/2 stated that she was in love with this petitioner and she went with him out her own sweet will and solemnized marriage at temple in Saharsa and thereafter she went to Amritsar where she spent her conjugal life with her husband. She has not raised any finger against the petitioner for any overt act. It is further submitted that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 06.07.2023.

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

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 Alamnagar (Ratwara) P.S. Case No. 79 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 Additional Sessions Judge-VI-cum-Special Judge POCSO Act, Madhepura.

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