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Patna High CourtCR. MISC./60735/2023allowed

Manoj Patel v. The State Of Bihar

2023-10-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60735 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Manoj Patel Son Of Prabhu Patel R/O Vill - Anjua, P.S. - Shikarpur, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 346, 367, 370A, 372A, 373, 34, 120B of the Indian Penal Code, Sections 8, 12 of the POCSO Act, Sections 75, 79 of the J.J. Act and Sections 16, 17, 18 of the Bonded Labour Act, 1976.

3. Allegedly, in course of raid conducted by Child Welfare Committee, one minor girl was unbounded from Anjua Sugauli Orchestra and the petitioner is said to be the co-owner of the said orchestra.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.60735 of 2023(3) dt.31-10-2023 2/2 specific rather general and omnibus in nature. He submits that submits that the victim girl has not made any complaint against the petitioner or any other persons in her statement recorded under Section 164 of the Cr.P.C. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 23.08.2023 passed in Cr. Misc. No. 52204 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Shikarpur P.S. Case No. 86 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T