Bhagirath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57250 of 2022 Arising Out of PS. Case No.-223 Year-2022 Thana- BELHAR District- Banka ====================================================== Bhagirath Mandal Son Of Varat Mandal @ Basudeo Mandal Resident Of Village - Shaktighat, P.S.- Khesar (Belhar), District - Banka. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act. The prosecution case in nutshell is that informant daughter has gone to tuition and she did not return. It is alleged that informant came to know that his daughter has been abducted by the petitioner for the purpose of solemnization of marriage.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.57250 of 2022(4) dt.23-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The victim has not whispered about the complicity of petitioner in her abduction in her statement, recorded under Section 164 of Cr.P.C. She has stated that she has gone with the petitioner with her own sweet will and they have solemnized marriage. Moreover, the petitioner is languishing in judicial custody since 6.7.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Belhar (Khesar) P.S. Case No. 223 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.57250 of 2022(4) dt.23-02-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge POCSO, Banka.

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