Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75710 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- JOGBANI District- Araria ====================================================== 1.

Chanchal Kumar Son Of Ravi Mandal Resident Of Village- Radhe Nagar, Ward No 7, P.S.- Kaswa, District- Purnea.

2.

Ramesh Kumar Son Of Basudeo Mandal Resident Of Village- Radhe Nagar, Ward No 7, P.S.- Kaswa, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 363, 366(A)/34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.

3. The allegation against the petitioners along with others is of abducting the daughter of the informant.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have 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 these petitioners. He further

Patna High Court CR. MISC. No.75710 of 2023(2) dt.29-11-2023 2/2 submitted that petitioner no. 1 fall in love with the victim girl and petitioner no. 2 is the friend of petitioner no. 1, so she herself left the house her father and agreed to moving with petitioner no. 1. The victim girl specifically stated in her statement recorded u/s 164 of the Cr.P.C. that she fall in love with the petitioner no. 1 and want to solemnized marriage with him on her own sweet-will. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 23.07.2023.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI-cum-Spl. POCSO Act, Araria in connection with Jogbani P.S. Case No. 198 of 2023. (Sunil Kumar Panwar, J) Arish/- U T