Patna High CourtCR. MISC./76484/2023allowed

Shesnath Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76484 of 2023 Arising Out of PS. Case No.-462 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Shesnath Kumar S/O Late Kalacharan Das R/O Village- Illamram Chowk, Ward No. 13, P.S- Bettiah Town, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 Section 4/6 of the POCSO Act.

3. Allegation against the petitioner is that he abducted the minor daughter of informant for the purpose of marriage when she went to attend her coaching class.

4. 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 the statement of the victim recorded under Section 161 and 164 of the Cr.P.C. in which she stated that she solemnized marriage with the

Patna High Court CR. MISC. No.76484 of 2023(2) dt.01-12-2023 2/2 petitioner out of her own sweet will and this fact came in the impugned order. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Bettiah Town P.S. Case No. 462 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 Special Judge POCSO cum Additional District Judge-VI, Bettiah, West Champaran.

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