Awdhesh Kumar @ Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65940 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- MASHRAK District- Saran ====================================================== Awdhesh Kumar @ Awadhesh Kumar Son Of Vikrama Rai R/V- Ekawana ( Kavalpura), P.S.- Masrakh, District- Saran At Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 366(A)/34 of the Indian Penal Code. Subsequently Section 376 I.P.C and Sections 4/6 of the POCSO Act was also added.

It is alleged by the informant that minor daughter of the informant was kidnapped by all the F.I.R named accused persons including the petitioner.

Patna High Court CR. MISC. No.65940 of 2022(2) dt.27-02-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she herself left the house and went along with the petitioner to Gujrat where she solemnized marriage with the petitioner. She has not alleged any forceful sexual assault against the petitioner. The petitioner is languishing in custody since 28.03.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIcum-Exclusive Special Judge(POCSO Act) Saran at

Patna High Court CR. MISC. No.65940 of 2022(2) dt.27-02-2023 3/3 Chapra in connection with Mashrakh P.S. Case No. 62 of 2022.

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