Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66918 of 2023 Arising Out of PS. Case No.-172 Year-2023 Thana- PUNAURA District- Sitamarhi ====================================================== BADAL KUMAR S/O RAJ NARAYAN MAHTO VILLAGE- PUNAURA TOLA KODWARA, PS. PUNAURA, DIST. SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 366(A)/34 of the Indian Penal Code and Section 8 and 10 of the POCSO Act.

As per allegation in the FIR, several accused persons including the petitioner have abducted the minor daughter of the informant by Scorpio with ill motive.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. After recovery of the victim girm, her statement was recorded u/s 161 Cr.P.C. by the police, in which she has not taken the name of the petitioner for any overt act rather she has

Patna High Court CR. MISC. No.66918 of 2023(3) dt.07-11-2023 2/2 disclosed. Thereafter, her statement was recorded u/s 164 Cr.P.C. in which she has given totally different version and there is contradiction in her both the statements. Petitioner is languishing in judicial custody since 26.7.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail 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 ADJVI-cum-Special Judge (POCSO) Sitamarhi in connection with Punaura P.S. Case No. 172 of 2023.

(Sunil Kumar Panwar, J) sushma/- U