Bipul Mishra @ Bipul Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64252 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== BIPUL MISHRA @ BIPUL KUMAR MISHRA SON OF RAJESHWAR MISHRA RESIDENT OF VILLAGE - BARVACHAP, P.S. - CHANPATIA, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 366(A) of the Indian Penal Code and Section 8/12 of POCSO Act.

3. Prosecution case relates to abduction of minor daughter of the informant by the petitioner with an intention to marry her.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired during course of investigation. From perusal of statement of victim, it seems there is love affair and

Patna High Court CR. MISC. No.64252 of 2023(3) dt.28-11-2023 2/2 consensual physical relationship between the petitioner and victim. she was in talking term with the petitioner since long. The petitioner is languishing in judicial custody since 27.6.2023. Moreover, other co-accused Anup Kumar has already been enlarged on bail granted by this court vide order dt. 10.10.2023 passed in Cr. Misc. No. 37947 of 2023.

5. Learned APP appearing for the State and learned counsel appearing for the informant have opposed the prayer of Bail and submitted that victim is minor girl.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be enlarged on bail after framing of charge 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 Special Judge, POCSO-cum-ADJ-VI, West Champaran, Bettiah in connection with Chanpatiya P.S. Case No. 124 of 2023. (Sunil Kumar Panwar, J) Amandeep/- U T