Mahabir Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67210 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- RAJPUR District- Buxar ====================================================== Mahabir Ram S/o Late Dashrath Ram R/v- Aniyaipur, P.S.- Muffasil, (Buxar), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwini Kumar Rai For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 366A, 376 of the Indian Penal Code read with Section 4 of POCSO Act. As per F.I.R. the allegation against the petitioner is that he enticed away the daughter of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per statement of the victim girl recorded u/s 164 of Cr.P.C. which is annexed with the case diary, wherein she has not whispered about the complicity of the petitioner. She has stated that out of her own sweet will she fled away with the petitioner and solemnized marriage in Hyderabad. The petitioner has got no criminal

Patna High Court CR. MISC. No.67210 of 2022(3) dt.28-06-2023 2/2 antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Rajpur P.S. Case No. 194 of 2021 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 & Sessions Judge-VIcum-Special Judge, POCSO Act, Buxar. (Sunil Kumar Panwar, J) lata/- U T