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Patna High CourtCR. MISC./80213/2023allowed

Ghanshyam Kumar @ Ravi Kishan v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80213 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== GHANSHYAM KUMAR @ RAVI KISHAN Son of Dukha Singh Resident of village - Shahpur Pakari @ Shahpur Kasim, P.S.- Lalganj, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 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 sections 363, 366(A)/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. As per prosecution case, the petitioner is said to have been abducted the daughter of the informant who is aged about 14 years.

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. From perusal of impugned order, it appears that the victim was recovered who did not supported the prosecution in her statement recorded u/s 164 of

Patna High Court CR. MISC. No.80213 of 2023(2) dt.14-12-2023 2/2 the Cr.P.C. She stated that she solemnized marriage with the petitioner and this fact is also mentioned in para-9 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 29.6.2023.

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 Lalganj P.S. Case No. 194 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 6th Additional District & Session's Judge-Cum-Special Court (POCSO), Vaishali at Hajipur.

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