Satish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77356 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Satish Yadav Son Of Jawahir Yadav @ Jawahar Yadav R/O Vill - Babrihawa Tola, P.S. - Dhanaha, Dist. - West Champaran ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== 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 instituted for the offence under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.
3. The allegation against the petitioner is of abducting the minor daughter of the informant when she went to attend nature's call.
4. 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 been recovered and her statement recorded u/s 164 of the Cr.P.C., in which she stated that she out of her own sweet-will fled away from house and called the petitioner. She further stated that she has well-
Patna High Court CR. MISC. No.77356 of 2023(3) dt.27-02-2024 2/2 acquainted with the petitioner and lived in the house of petitioner's relative and also wanted to solemnized marriage with him. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 01.08.2023.
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 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 Additional District and Sessions Judge 7th-cum-Special Judge (POCSO), West Champaran at Bettiah in connection with Dhanaha P.S. Case No. 151 of 2023. (Sunil Kumar Panwar, J) Arish/- U T