Guddu Kumar @ Machhaliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76970 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== GUDDU KUMAR @ MACHHALIYA Son of Ramji Sinha Resident of Mohalla - Subhasnagar Ward No.- 18, P.O. and P.S.- Dehri-on-Sone, District - Rohtas (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashikant For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== 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 and Section 4, 6 of the POCSO Act.

3. Prosecution case has been lodged against unknown persons regarding abduction of the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired during investigation. The victim girl was recovered who statement in her statement recorded u/s 164 of the Cr.P.C. that she went with Rohan, friend of this petitioner, to Daltenganj where both live at night. The victim also stated in her statement

Patna High Court CR. MISC. No.76970 of 2023(3) dt.27-02-2024 2/2 u/s 161 of the Cr.P.C. that she was in love with this petitioner but on the date of occurrence she went with petitioner's friend namely, Rohan Kumar to Daltenganj where he made physical relation with her. She has not made any allegation against this petitioner in respect of physical assault or misbehave. He has falsely been implicated in this case. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 9.8.2023.

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

6. 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 after framing of charge, if not framed in connection with Dehri (Town) P.S. Case No. 78 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 Additional Sessions Judge-VII-Cum-Exclusive Special Court, POCSO, Rohtas at Sasaram.

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