Patna High CourtCR. MISC./61391/2023bail granted

Pawan Kumar v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61391 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- AGRER District- Rohtas ====================================================== PAWAN KUMAR SON OF RAVINDRA KUMAR SINGH RESIDENT OF VILLAGE- AMAITHI PS- SANJHAULI, DISTT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Usha Kumari 1 For the Opposite Party/s :

Mrs.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Agrer P.S. Case No. 53 of 2023 dated 1.7.2023 registered for the offences punishable u/s 366A, 506 read with section 34 of the Indian Penal Code and 4 and 18 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.61391 of 2023(2) dt.12-09-2023 2/2 petitioner. Learned counsel has further submitted that there is nothing on record showing that the victim was forced to have illicit intercourse with another person. It is further submitted that the victim has not supported the prosecution case in her statements recorded under sections 161 and 164 of the Cr.P.C. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 1.7.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Agrer P.S. Case No. 53 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T