Patna High CourtCR. MISC./65672/2022allowed

Aman Sharma v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65672 of 2022 Arising Out of PS. Case No.-210 Year-2021 Thana- SATHI District- West Champaran ====================================================== AMAN SHARMA SON OF LANAN SHARMA R/O VILL.- HARDIA CHOWK, WARD NO. - 19, NARAKATIYAGANJ, P.S.- SHIKARPUR, DISTT.- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

The petitioner is in custody in a case registered for offences punishable under Sections 363 and 365(A)/34 of the Indian Penal Code and 8 and 12 of the Protection of Children from Sexual Offenses Act, 2012.

The case against the petitioner is that he committed the abduction of the daughter of the informant. It is submitted by the learned counsel for the petitioner that the petitioner has falsely been implicated in this case and the petitioner has not been named in the first information report. Both the victim girls recorded their statements under Section 164 of the Criminal Procedure Code,

Patna High Court CR. MISC. No.65672 of 2022(2) dt.28-02-2023 2/2 but, only one victim stated the name of the petitioner that the petitioner seated in the four-wheeler and the main allegation is against Bulbul Shukla who seated to the victim in the vehicle. There is no evidence against the petitioner that the petitioner committed any physical wrong with the victims. The victims did not whisper any wrong committed by the petitioner. The petitioner is in custody since 10.12.2021 having no criminal antecedent.

The learned Additional Public Prosecutor for the State vehemently opposed the prayer for bail.

Considering the aforesaid submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sathi P.S. Case No. 210 of 2021 to the satisfaction of the Additional District Judge VIIcum-Special Judge (POCSO), West Champaran at Bettiah. (Sunil Kumar Panwar, J) Shamshad & Alok Kr.

Verma/- U T