Santosh Kushwaha @ Santosh Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62301 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== SANTOSH KUSHWAHA @ SANTOSH KUMAR KUSHWAHA S/oSHAMBHU KUSHWAHA village- Jitpur Matiyariya Ps- Bagaha DistW.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner, informant 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(A), 323, 504, 506/34 of the Indian Penal Code, Sections 4 and 8 of the POCSO Act and Sections 3(i)(r)(s)(w), 3(ii)(v)(a) of the SC/ST Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant, when she went for washing her hand behind the house.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her

Patna High Court CR. MISC. No.62301 of 2023(3) dt.18-12-2023 2/2 statement recorded u/s 164 of the Cr.P.C., in which she does not whisper about the complicity of this petitioner. The victim girl specifically stated in her statement that she out of her own sweet-will solemnized marriage with this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.05.2023.

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

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 only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 7th-cum-Special Judge (POCSO), West Champaran at Bettiah in connection with Mahila P.S. Case No. 13 of 2023. (Sunil Kumar Panwar, J) Arish/- U T