Ajay Sharma @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64822 of 2022 Arising Out of PS. Case No.-220 Year-2022 Thana- DAGARUA District- Purnia ====================================================== AJAY SHARMA @ AJAY KUMAR Son of Manoj Sharma @ Jamindar Sharma Resident of village - Bijaili, P.S.- Dandkhora, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 376 of the Indian Penal Code and Section 4 of the POCSO Act. As per the FIR, allegation against the petitioner is that he abducted the daughter of the informant for doing illegal work.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. As per the impugned order, the statement of victim recorded under section 164 of Cr.P.C., wherein, she stated that the petitioner has solemnized marriage with the victim in a temple situated in

Patna High Court CR. MISC. No.64822 of 2022(2) dt.24-02-2023 2/2 Himachal Paradesh and the petitioner also keeps the victim girl with full responsibility, hence, no offence under section 376 is made out against the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 25.7.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular 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 released on bail in connection with Dagaura P.S. Case No. 220 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, VII-Cum-Special Judge (POCSO), Purnea.

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