Patna High CourtCR. MISC./72027/2023allowed

Manish Kumar @ Manish Kumar Sah v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72027 of 2023 Arising Out of PS. Case No.-479 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Manish Kumar @ Manish Kumar Sah Son Of Ajay Kumar Singh R/O Village- Ghogha Kodwar, P.S.- Ghogha, Dist.- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366A,of the Indian Penal Code and later on Section 8 of the POCSO Act was also added.

3. As per FIR, the informant alleged that her daughter has been abducted by unknown persons due to ulterior motives.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. During

Patna High Court CR. MISC. No.72027 of 2023(2) dt.07-11-2023 2/2 investigation name of the petitioner came into light. From perusal of the impugned order, it appears that she was in love with this petitioner and she went with his with her own sweet will thereafter they solemnized marriage. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.07.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kahalgaon P.S. Case No. 479 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO-cum 7th Additional District and Sessions Judge, Bhagalpur.

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