Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75384 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== Abhinandan Kumar Son of Shaukar Ram @ Shankar Ram R/O Village - Rampurwa, P.S.- Valmikinagar, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 363, 366 A, 504, 506, 34 of the Indian Penal Code and Section 4 and 8 of POCSO Act.

As per F.I.R., the allegation against the petitioner along with other co-accused is of kidnapping the daughter of the informant.

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 petitioner has got no criminal antecedent as stated in para 3 of the bail petition. The F.I.R. has been lodged after the delay of nine days. As per

Patna High Court CR. MISC. No.75384 of 2022(3) dt.05-07-2023 2/2 statement of the victim girl recorded u/s 164 of Cr.P.C. which is annexed with the case diary, she is a mature girl and she has admitted her love affair with the petitioner. She has specifically stated that she went with the petitioner out of her own sweet will and she has not alleged about any sexual act committed with her by the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 27.09.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Bagaha (Mahila) P.S. Case No. 66 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VII-cum-Special Judge (POCSO), West Champaran at Bettiah.

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