Patna High CourtCR. MISC./79980/2023allowed

Md. Aashik v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79980 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== Md. Aashik S/O Md. Sami Akhtar R/O Village- Khortha Khurpatti, P.SBelsand, Distt.- Sitamarhi (SHEOHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 of the Indian Penal Code and Section 17 of the POCSO Act.

3. Allegation against the petitioner is that he abducted the daughter of the informant when she went to attend the call of nature.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-47 of the case diary which is mentioned in impugned order that the statement of the victim was recorded under Section 164

Patna High Court CR. MISC. No.79980 of 2023(2) dt.13-12-2023 2/2 of the Cr.P.C. in which she stated that she out of her own sweet will went with this petitioner for solemnization of marriage. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.09.2023.

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 Chhapra(Sheohar) P.S. Case No. 68 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 ADJ-1st-cum-Special Judge, Sheohar. (Sunil Kumar Panwar, J) Shubham/- U T