Krishna Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74142 of 2022 Arising Out of PS. Case No.-627 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Krishna Raut Son Of Jagdish Raut R/O Mohalla- Naurangabad, Ward No.33, P.S.- Bettiah (TOWN), District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act. The prosecution case in nutshell is that informant's daughter went to market but did not return. On search, it came to know that petitioner along with coaccused Rohit Raut have abducted the informant's daughter for purpose of solemnization of marriage.

Patna High Court CR. MISC. No.74142 of 2022(2) dt.23-03-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that the victim has stated in her statement, recorded under Section 164 of Cr.P.C., that she was in love affair with the petitioner and with her own sweet will she has solemnized marriage with the petitioner. She has not whispered about the commission of wrong with her by the petitioner. Moreover, petitioner is languishing in judicial custody since 19.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.74142 of 2022(2) dt.23-03-2023 3/3 bail in connection with Bettiah (Town) P.S. Case No. 627 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSOcum-A.D.J. VIth, West Champaran, Bettiah. (Sunil Kumar Panwar, J) nirajkrs/- U T