Sagar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.960 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Sagar Kumar Son Of Bhola Patel @ Jaykishun Bihari Patel R/O MohallaAmgola Samudayik Bhawan, P.S.- Kazi Mohammadpur, DistrictMuzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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), 363 of the Indian Penal Code and Section 8, 12 of POCSO Act. The prosecution case in nutshell is that minor daughter of the informant was abducted by the petitioner for purpose of solemnization of marriage.
Patna High Court CR. MISC. No.960 of 2023(3) dt.25-04-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The victim has not supported the prosecution version of the case in her statement recorded under Section 164 of Cr.P.C. and she stated that she along with petitioner has gone on a tour. Moreover, the petitioner is languishing in judicial custody since 14.07.2022. 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 Kazi Mohammadpur P.S. Case No. 179 of 2022 on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.960 of 2023(3) dt.25-04-2023 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Session Judge VI-cum-Special Judge, POCSO Act, Muzaffarpur.
(Sunil Kumar Panwar, J) Nirajkrs/- U T