Bodar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69346 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== Bodar Yadav Son Of Sri Ramayan Yadav Resident Of Village Muradih, PsDhandaha, Dist- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 8 of POCSO Act. As per allegation in the FIR, minor daughter of the informant was abducted by the petitioner along with other co-accused persons for the purpose of solemnization of marriage.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.69346 of 2023(3) dt.06-12-2023 2/3 falsely been implicated in the present case. There is inordinate delay of 11 days in lodging the F.I.R. Victim has recovered and she has not whispered about the complicity of petitioner in her elopement in her statement recorded under Section 164 of Cr.P.C. She has stated that she has fled away with the petitioner with her own sweet will and went to Pune, where she as solemnized marriage. Moreover, the petitioner is languishing in judicial custody since 04.05.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Dhanaha P.S. Case No. 184 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.69346 of 2023(3) dt.06-12-2023 3/3 to the satisfaction of the learned Additional Sessions Judge VII-cum-the Special Judge, POCSO Act, West Champaran, Bettiah.

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