Raushan Sharma @ Raushan Kumar Sharma @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76111 of 2023 Arising Out of PS. Case No.-503 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== RAUSHAN SHARMA @ RAUSHAN KUMAR SHARMA @ RAUSHAN KUMAR Son of Shri Krishna Sharma R/o vill - Bhaisahi, P.S. - Chanpatia, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 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 section 366(A) of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. According to the prosecution case, the petitioner is said to have abducted the minor daughter of the informant on the pretext of solemnization of marriage.

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 girl was recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution

Patna High Court CR. MISC. No.76111 of 2023(3) dt.08-01-2024 2/2 version and stated that she went Delhi out of her own sweet will and lived with the petitioner. She further stated that she would marry the petitioner when she attains majority. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 17.8.2023.

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 Chanpatia P.S. Case No. 503 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 VI-Cum-Special Judge, under POCSO Act, West Champaran at Bettiah.

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