Patna High CourtCR. MISC./77230/2023allowed

Vishal Srivastawa v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77230 of 2023 Arising Out of PS. Case No.-386 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== VISHAL SRIVASTAWA Son of Laxman Srivastawa Resident of Village - Ramdiha, Police Station - Buxar (M), District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 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 376, 366A, of the Indian Penal Code and Section 6 of POCSO Act.

3. As per FIR, the informant alleged that her daughter has been abducted 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. From perusal of the impugned order, it appears that as per statement of the victim recorded under Section 164 of the Cr.P.C., wherein she

Patna High Court CR. MISC. No.77230 of 2023(2) dt.05-12-2023 2/2 has stated that the she was in love with this petitioner and she went with him with her own sweet-will, thereafter, they solemnized marriage. The petitioner is languishing in judicial custody since 29.07.2023.

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 Buxar Muffasil P.S. Case No. 386 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum special Judge, POCSO Act, Buxar.

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