Sanjay Pandey @ Sanjay Kumar @ Sanjay Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72073 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Sanjay Pandey @ Sanjay Kumar @ Sanjay Kumar Pandey Son Of Rajendra Pandey R/O Vill - Lauriya, Mishir Tola, Ward No. 14, P.S. - Lauriya, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mayank Mohan For the Opposite Party/s :
Mr.Awadhesh Kumar 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 instituted for the offence under Section 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.
3. As per prosecution case, the informant stated that one year back the petitioner took her at his home and solemnized marriage after that started exploiting then the F.I.R. has been lodged.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the victim. The victim girl has been recovered and her statement recorded
Patna High Court CR. MISC. No.72073 of 2023(3) dt.01-12-2023 2/2 u/s 164 of the Cr.P.C., in which she specifically stated that she mistakenly lodged this case. She does not whisper about the complicity of this petitioner. He further submitted that now both the parties are under good relation and there is no dispute at all between both of them. He is languishing in judicial custody since 02.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering 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 bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VII-cum-Spl. Judge POCSO, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 108 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T