Patna High CourtCR. MISC./82183/2023allowed

Vishal Kumar v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82183 of 2023 Arising Out of PS. Case No.-295 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== VISHAL KUMAR Son of Jay Prakash Sah R/o vill - Kayam Nagar, P.S. - Koilawar, Distt. - Arrah ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 363 and 365 of the Indian Penal Code and Section 8 of the POCSO Act.

3. It is a case of abduction of the informant's minor daughter by the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the impugned order, it appears that the statement of victim was recorded U/s 164 of Cr.P.C. wherein she has stated that she was not abducted. She left her house alone and petitioner met her at Patna from where both went to Ara and

Patna High Court CR. MISC. No.82183 of 2023(2) dt.19-12-2023 2/2 from there to Delhi. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 29.08.2023.

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 Special Judge, POCSO Act, Motihari, East Champaran in connection with Chakia P.S. Case No. 295 of 2023.

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