Manoj Das @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76446 of 2023 Arising Out of PS. Case No.-793 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Manoj Das @ Manoj Kumar Son Of Suresh Das Resident Of VillageKhirachak, Ps- Mahua, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Samarjeet Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== 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, 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. Allegation against the petitioner along with coaccused person is that they abducted the daughter 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. The victim recovered and her statement was recorded under Section 164 of the Cr.P.C. wherein she stated that she solemnized marriage with this petitioner out of her own sweet will and has not whispered any complicity of the

Patna High Court CR. MISC. No.76446 of 2023(3) dt.27-02-2024 2/2 petitioner in respect of commission of her abduction. She presently lives in the house of the petitioner. It is further submitted from para-13 of this petition that good sense has been prevailed between both the parties and in support of this, Annexure-5 and 5/1 have been annexed in this petition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.07.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahua P.S. Case No. 793 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 Additional District and Sessions Judge 6th cum Spl. Judge POCSO, Hajipur at Vaishali.

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