Patna High CourtCR. MISC./66251/2023bail granted

Makardhawaj Yadav @ Lucky @ Lucky Yadav @ Makardhwaj v. The State Of Bihar

2023-10-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66251 of 2023 Arising Out of PS. Case No.-295 Year-2022 Thana- VIJAYEPUR District- Gopalganj ====================================================== MAKARDHAWAJ YADAV @ LUCKY @ LUCKY YADAV @ MAKARDHWAJ S/O AMAR YADAV @ AMARNATH YADAV R/O VILLAGE- LACHHMIPUR, PS. VIJAIPUR, DIST. GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Verma Mr. Vyas Kumar Mishra For the State :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-10-2023 Heard the learned counsel for the petitioner and learned APP for the State Shri Bharat Bhushan.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Vijaipur P.S. Case No. 295 of 2022 registered for the offence under Sections 366A, 363, 379 of the Indian Penal Code and under Section 4/6 of the POCSO Act.

4. The petitioner is said to have taken away the victim girl and subsequently she was brought by her uncle in the police station.

5. Learned counsel for the petitioner submits that from the statement of the victim girl made under Section 164

Patna High Court CR. MISC. No.66251 of 2023(2) dt.16-10-2023 2/2 Cr.P.C. and also from the medical evidence, it appears that the victim girl is a major and she might have eloped with the petitioner.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 23.12.2022.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VI-cumSpecial Judge, POCSO, Gopalganj in connection with Vijaipur P.S. Case No. 295 of 2022.

10. After being released from the jail custody, the petitioner is directed to co-operate in the trial. (Sandeep Kumar, J) Vikas/- U T