Nilesh Kumar @ Nilesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77257 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- INDUSTRIAL District- Bhagalpur ====================================================== NILESH KUMAR @ NILESH KUMAR JHA Son of Late Ajay Kumar Jha R/o Mohalla - Choti Lane, Near Hanuman Mandir, Krishna Puri Colony, P.S. - Ishakchak, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== 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 363, 366, of the Indian Penal Code and Section 8 of POCSO Act.

3. As per FIR, the informant alleged that the petitioner abducted her daughter 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.77257 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. Learned counsel for the informant has also submitted that good sense has been prevailed between the parties. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.07.2023.

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 Bhagalpur Industrial Area (Audhyogik Prakshetr) P.S. Case No. 131 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 ADJ-VI-cum Special Judge, POCSO, Bhagalpur.

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