Raushan Fidelias v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67828 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Raushan Fidelias Son Of Late Fidelias Micheal R/O Vill - Latauna Mishan, Ward No. 18, P.S. - Triveniganj, Distt. - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prafull Chandra Thakur For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 sections 363(A), 365, 504, 354A and 34 of the Indian Penal Code and Sections 8/17 of the POCSO Act.
3. Allegation against the petitioner along with other co-accused persons is that they abducted the daughter of the informant when she was going to her maternal grandmother.
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. From perusal of the impugned order, the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. in which she did
Patna High Court CR. MISC. No.67828 of 2023(2) dt.01-11-2023 2/2 not support the prosecution version rather she stated that she out of her own sweet will, went Delhi with the petitioner and thereafter solemnized marriage with him. A Statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.06.2023.
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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Triveniganj P.S. Case No. 183 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 Additional District Judge VI, CumSpecial Judge, Supaul. (Sunil Kumar Panwar, J) Shubham/- U T