Pappu Kumar @ Pappu Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 62314 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== PAPPU KUMAR @ PAPPU SAO SON OF BINDESHWAR SAO @ BINESHWAR SAO RESIDENT OF VILLAGE MAI MANER SONMAI, P.S.- DHANARUA, DISTRICT- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Tiwari For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366 of the Indian Penal Code and later on added Sections 366A, 368, 370, 120B of the IPC, Section 6 of the POCSO Act and Sections 75 and 81 of the J.J. Act.

3. As per prosecution case, unknown miscreants are alleged to have kidnapped the minor daughter of the informant.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No. 62314 of 2023(2) dt.21-09-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused persons, which has got no evidentiary value in the eyes of law. He submitted that the victim girl has recovered and her statement has been recorded u/s 161 of the Cr.P.C., wherein, she stated that she has married with Ram Niwas Choudhary in Rajasthan and she is residing with him. He further submitted that the victim girl does not whisper about the complicity of this petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 16.08.2023 passed in Cr. Misc. No. 48859 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No. 62314 of 2023(2) dt.21-09-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Patliputra P.S. Case No. 128 of 2023.

(Sunil Kumar Panwar, J) arish/- U