Vishok Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61752 of 2022 Arising Out of PS. Case No.-216 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

VISHOK RAM Son of Ram Bahadur Ram Resident of VillageJawkatiya,Ward No.-19, P.S.- Majhaulia, District- West Champaran 2.

RAJAN KUMAR Son of Ram Nath Ram Resident of Village- Karmawa, Ward No-6, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners have prayed for regular bail in a case registered for the offence punishable under Section 366 of the Indian Penal Code read with Section 8 of the POCSO Act. As per prosecution case, the allegation against the petitioners along with others is of kidnapping the minor daughter of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.61752 of 2022(3) dt.03-04-2023 2/3 have falsely been implicated in this case. Petitioners are not named in the FIR. He submitted that the victim girl recovered and stated in her statement, which has recorded u/s 164 of the Cr.P.C., that other co-accused namely, Kanhaiya Ram committed wrong with her. He submitted that victim girl does not whisper about the commission of wrong doing by these petitioners. He further submitted that other co-accused has already been granted bail by a co-ordinate Bench vide order dated 28.07.2022 passed in Cr. Misc. No. 5082 of 2022. Petitioner no. 1 is uncle and petitioner no. 2 is maternal uncle of co-accused Kanhaiya Ram. Moreover, The petitioner no. 1 is languishing in judicial custody since 26.08.2022 and petitioner no. 2 is in custody since 25.08.2022.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Majhaulia P.S. Case No. 216 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.61752 of 2022(3) dt.03-04-2023 3/3 amount each to the satisfaction of learned A.D.J.-VI, West Champaran, Bettiah.

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