Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66883 of 2023 Arising Out of PS. Case No.-421 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== ANIL YADAV Son of Laldev Yadav Resident of Village-Khairatiya, Police Station-Manuapool (O.P.), District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 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 and 366 (A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per prosecution case, the petitioner has abducted the daughter of the informant aged about 16 years for the purpose of marriage and hided her somewhere and when the informant went at his house to request him to return the victim girl then he started abusing and assaulting her.

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 has been recovered and her statement has been recorded under Section 164

Patna High Court CR. MISC. No.66883 of 2023(3) dt.07-02-2024 2/2 of the Cr.P.C., wherein she has stated that she was in love with this petitioner and she left her house out of her own swell will and went at the house of the petitioner. She want to solemnize marriage with the petitioner. She has not raised any finger against the petitioner for any overt act. The victim is a major girl as per her deposition and her medical report. It is further submitted that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 27.06.2023.

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 Bettiah Muffasil Manuapool P.S. Case No. 421 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 Special Judge, POCSO-cum-Additional District and Sessions Judge-VII, West Champaran at Bettiah. (Sunil Kumar Panwar, J) lata/- U T