Hariom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73073 of 2024 Arising Out of PS. Case No.-476 Year-2024 Thana- AGAMKUAN District- Patna ====================================================== Hariom S/o Late Ram Ajay Paswan @ Ajay Paswan R/o Mohalla- Near M.I.G.Nala Par Jhopadi, P.S.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dhano Devi W/o Kundan Bind R/o Mohalla- H.I.G. Nala Par Jhopadi, P.S.- Agamkuan, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dipak Ranjan For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Agamkuan P.S. Case No. 476 of 2024 dated 09.06.2024 registered for the offences punishable under Sections 363, 366A of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The charge-sheet has been submitted by the police. There was love affair between the petitioner and the victim. As per para29 of the case diary, the victim in her statement recorded under

Patna High Court CR. MISC. No.73073 of 2024(3) dt.16-04-2025 2/2 Section 164 of the Cr.P.C. has stated that she had gone with the petitioner on his bike for travelling. The victim knows the petitioner for five years and talked with each other on phone. The petitioner and the victim stayed in Patna Junction and both returned on the next day. Learned counsel has further submitted that there is nothing on record which shows that the victim was forced/seduced to have illicit intercourse with another person. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.06.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the victim is a minor girl aged about 17 years.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Agamkuan P.S. Case No. 476 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T