Kishundeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63046 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- PANJWARA District- Banka ====================================================== Kishundeo Rai Son Of Suresh Ray R/V- Chakai, P.S- Panjwara, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Panjwara P.S. Case No. 75 of 2022 registered for the offences punishable under Section 366(A) of the Indian Penal Code and Section 4 of the POCSO Act.

As per the prosecution, the informant alleged in her written application that her minor daughter was kidnapped by this petitioner with a malice intention.

The main submissions advanced by the petitioner's

Patna High Court CR. MISC. No.63046 of 2022(3) dt.13-03-2023 2/2 learned counsel are that the petitioner is a young person, the socalled victim has been recovered and she has recorded her statement before Judicial Magistrate in which she denied the allegation of the FIR and the petitioner has fair and clean antecedent.

Learned APP appearing for the State has opposed the prayer for bail.

In view of the facts as stated above and mainly considering the victim's statement recorded under Section 164 of Cr.P.C. which completely goes against the allegations made in the FIR and also taking into account the petitioner's custody period, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection with Panjwara P.S. Case No. 75 of 2022.

(Shailendra Singh, J.) maynaz/- U T