Pawan Kumar Mandal @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71640 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- PALASI District- Araria ====================================================== Pawan Kumar Mandal @ Pawan Kumar Son Of Amod Mandal Resident Of Village- Bhima, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Nand Poddar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 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 connection with Palasi P.S. Case No. 130 of 2022 registered under sections 363, 366A and 34 of the Indian Penal Code.

Allegation against the petitioner along with other coaccused persons is that they kidnapped the daughter of the informant on the pretext of marriage, when she went out from her house to attend nature call.

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 grudge. It is further submitted that the statement of the victim was recorded under

Patna High Court CR. MISC. No.71640 of 2022(2) dt.17-03-2023 2/2 Section 164 of the Cr.P.C., in which she did not whisper any complicity of the petitioner in this offence. Further stated that she fell in love and solemnized marriage in a temple on 19.04.2022 out of her own sweet will with the petitioner. There is no eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 23.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Palasi P.S. Case No. 130 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 (POCSO) Act, Araria.

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