Avinesh Kumar @ Avinesh Patel @ Pradeep Kumar @ Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60206 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- BALTHAR District- West Champaran ====================================================== Avinesh Kumar @ Avinesh Patel @ Pradeep Kumar @ Patel Son Of Sri Surendra Patel @ Surendra Raut Resident Of Village Dhankutwa, Ps- Balthar, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 366(A)/34 of the Indian Penal Code and Section 12 of the POCSO Act.

It is a case of kidnapping the minor daughter of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.60206 of 2023(3) dt.12-10-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 02.07.2023, the F.I.R was registered on 06.07.2023. The petitioner and the victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she herself eloped with the petitioner. The petitioner is languishing in custody since 14.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge, POCSO Act, West

Patna High Court CR. MISC. No.60206 of 2023(3) dt.12-10-2023 3/3 Champaran, Bettiah in connection with Balthar P.S. Case No. 60 of 2023.

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