Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72586 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- MAHISHI District- Saharsa ====================================================== Ashok Kumar Son Of Kavindra Mukhiya @ Kavindra Kumar @ Kavinder Kumar Resident Of Village Jkhitki Kandaha Ps Mahishi District Saharsa ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 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 363, 365, 366(A) of the Indian Penal Code and Section 8, 12 of POCSO Act. Allegation against the petitioner is that he abducted the minor niece of the informant for solemnization of marriage.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no

Patna High Court CR. MISC. No.72586 of 2023(3) dt.31-01-2024 2/3 eye witness of the alleged offence. Victim has not whispered about the complicity of petitioner in her abduction, in her statement, recorded under Section 164 of Cr.P.C. She has stated that she has already solemnized marriage with the petitioner, in Delhi. Her parents want to solemnized second marriage with other person. Moreover, the petitioner is languishing in judicial custody since 10.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Special (POCSO) Case No. 32 of 2023 corresponding to Mahishi P.S. Case No. 79 of

Patna High Court CR. MISC. No.72586 of 2023(3) dt.31-01-2024 3/3 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV-cum-Special Judge POCSO, Saharsa.

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