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Patna High Court/72290/2022allowed

Anil Kumar Sadai v. The State Of Bihar

2023-05-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72290 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== ANIL KUMAR SADAI Son of Pawan Sadai Resident of Village- Ghoosi, P.S.- Manigachhi (Nehra O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. The allegation against the petitioner along with others is of kidnapping the grand-daughter of the informant with an intention to sell and do wrongful with her.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she does not whisper about the complicity of this petitioner. The victim girl stated that she went outside from home and met with the

Patna High Court CR. MISC. No.72290 of 2022(4) dt.18-05-2023 2/2 petitioner and on her own sweet-will, both went Muzaffarpur thereafter went Haryana by train and lived together about six months. The victim is a matured girl, who is aged about 17 years. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 25.08.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Special Judge (POCSO) Act, Darbhanga in connection with Manigachi P.S. Case No. 47 of 2022.

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