Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78160 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- BATH District- Bhagalpur ====================================================== Satyam Kumar S/O Manoj Kumar R/O Village- Karhariya, P.S- Bath, Distt.- Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant 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) of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner and other coaccused persons is that they abducted the daughter of informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.78160 of 2023(3) dt.29-02-2024 2/3 falsely been implicated in the present case. Victim has not whispered about the complicity of petitioner in her abduction, in her statement, recorded under Section 164 of Cr.P.C. She has stated that her brothers wanted to solemnize her marriage with an aged person to which she was not inclined and she went to Delhi where she called the petitioner and solemnized marriage with him on 8th of March, 2023. Moreover, the petitioner is languishing in judicial custody since 28.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State and learned counsel for the informant have 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

Patna High Court CR. MISC. No.78160 of 2023(3) dt.29-02-2024 3/3 bail in connection with Bath P.S. Case No. 40 of 2023 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 Exclusive Special Judge (POCSO)-cum- Additional District & Sessions Judge VI, Bhagalpur.

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