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Patna High CourtCR. MISC./65315/2023allowed

Dipak Rajbhar @ Deepak Kumar Rajbhar @ Pittu Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65315 of 2023 Arising Out of PS. Case No.-269 Year-2023 Thana- SIMRI District- Buxar ====================================================== DIPAK RAJBHAR @ DEEPAK KUMAR RAJBHAR @ PITTU KUMAR SON OF KAPILDEO RAJBHAR @ KAPIL DEV RAY RESIDENT OF VILLAGE - MUKUNDPUR, P.S. - SIMARI, DISTRICT - BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366(A) of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. As per prosecution case, the petitioner is said to have abducted the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded u/s 164 of the Cr.P.C. She stated that about the complicity of the petitioner regarding abduction but she did not whisper any single word

Patna High Court CR. MISC. No.65315 of 2023(4) dt.01-12-2023 2/2 about physical misbehave. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 6.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Simari P.S. Case No. 269 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. V-Cum-Special Judge, POCSO Act, Buxar. (Sunil Kumar Panwar, J) Amandeep/- U T