Patna High CourtCR. MISC./80482/2023allowed

Satish Kumar v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80482 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== SATISH KUMAR SON OF BRIJ NANDAN MAHTO RESIDENT OF VILLAGE- RUPASPUR, PS- NOORSARAI, DISTT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Nath Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366(A) and 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. From the perusal of the impugned order, it appears that the victim girl has been recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she fled away from her house and solemnized marriage with this petitioner. He further submitted that the

Patna High Court CR. MISC. No.80482 of 2023(2) dt.14-12-2023 2/2 victim girl does not whisper about the complicity of this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Biharsharif, Nalanda in connection with Noorsarai P.S. Case No. 197 of 2023. (Sunil Kumar Panwar, J) Arish/- U T