Patna High CourtCR. MISC./79551/2023allowed

Kumar Raghubir @ Aman v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79551 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== KUMAR RAGHUBIR @ AMAN SON OF AMAN KUMAR RESIDENT OF VILLAGE- JAWARIPUR, PS- TILKAMANJHI, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar Sinha For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 sections 363, 366A/34 of the Indian Penal Code.

3. According to the prosecution case, the petitioner along with other co-accused persons is said to have abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name came into light during course of investigation. From perusal of statement of victim recorded u/s 164 of Cr.P.C. which is annexed as Annexure-2, it appears that the specific overt-act of abduction is

Patna High Court CR. MISC. No.79551 of 2023(2) dt.11-12-2023 2/2 against co-accused Sonu Singh. The victim girl was recovered but she has not stated any complicity of the petitioner. He has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 11.10.2023.

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 Ishakchak P.S. Case No. 60 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 6th Additional District and Sessions Judge-Cum-Special Judge, POCSO, Bhagalpur.

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