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Patna High CourtCR. MISC./76982/2023allowed

Srikant Nayak @ Srikant Suresh Nayak v. The State Of Bihar

2024-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76982 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== SRIKANT NAYAK @ SRIKANT SURESH NAYAK son of Late Suresh Nayak Village- nunak Pasi Ps- Biouda @ Waunda Dist- Angul Odisha ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 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 sections 363 & 366(A) of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner is that he along with other co-accused persons abducted two daughters of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Both the victims have been recovered and their statement has been recorded u/s 164 of the Cr.P.C. One victim stated that two persons took them to Narkatiyaganj. Thereafter, they handed over the victims to this

Patna High Court CR. MISC. No.76982 of 2023(3) dt.27-02-2024 2/2 petitioner in Mumbai. She further stated that there was love affairs between the petitioner and the other victim. Both the victims have not complained about any physical misbehave or assault against the petitioner. It is also submitted that charge sheet has been submitted u/s 363/366A of the I.P.C. and section 8 of POCSO Act. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 29.7.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramnagar P.S. Case No. 342 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bettiah at West Chamapran. (Sunil Kumar Panwar, J) Amandeep/- U T