Patna High CourtCR. MISC./59897/2023allowed

Vikash Yadav v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59897 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Vikash Yadav S/O Late Bishundeo Yadav @ Vishnudev Yadav R/O VillageSihpur, Ps. Gamahariya, Dist. Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023

1. 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, 366, 366A, 34 of the Indian Penal Code and Sections 7/8 of the POCSO Act.

3. As per FIR, the allegation against the accused persons including this petitioner is that they abducted minor daughter of the informant due to ulterior motives.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is mentioned in impugned

Patna High Court CR. MISC. No.59897 of 2023(2) dt.08-09-2023 2/2 order, wherein victim has not stated about the complicity of the petitioner in this alleged occurrence. It is further submitted that the victim was ill and she became unconscious while she had gone to purchase medicine thereafter she was recovered from bus stand. The petitioner is languishing in judicial custody since 19.02.2023.

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 Madhepura P.S. Case No. 150 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 concerned Court.

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