Budhan Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78186 of 2023 Arising Out of PS. Case No.-883 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Budhan Sao Son Of Badhan Sao R/O Vill - Sindoor, P.S. - Mohanpur, Distt. - Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w) of SC/ST (POA) Act.

The allegation against the petitioner is that he enticed the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Victim has

Patna High Court CR. MISC. No.78186 of 2023(3) dt.29-02-2024 2/3 not whispered about the complicity of petitioner in her elopement, in her statement recorded under Section 164 of Cr.P.C. She has stated that she went with the petitioner with her own sweet will and she has solemnized marriage with him. Moreover, the petitioner is languishing in judicial custody since 26.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Barachatti (Mohanpur O.P) P.S. Case No. 883 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.78186 of 2023(3) dt.29-02-2024 3/3 Exclusive Special Judge POCSO-cum-Additional Sessions Judge VII, Gaya.

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