Patna High CourtCR. MISC./84054/2023allowed

Binod Kumar @ Vinod Kumar v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84054 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- RAJAON District- Banka ====================================================== BINOD KUMAR @ VINOD KUMAR S/O LATE KAILASH PRASAD SINGH VILLAGE- RAMPUR, PS. RAJOUN, DIST. BANKA. ... ... Petitioner/s

Versus

The State of Bihar 2.

SANJAY PRASAD SINGH S/O LATE BALDEO PD. SINGH VILLAGERAMPUR, PS. RAJOUN, DIST. BANKA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 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 section 366A, 34 of the Indian Penal Code and Sections 4 of POCSO Act.

3. As per FIR, the informant alleged that the petitioner and co-accused persons abducted her minor daughter due to ulterior motives.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.84054 of 2023(2) dt.05-01-2024 2/2 present case merely on the basis of suspicion. From perusal of the impugned order, it appears that as per statement of the victim recorded under Section 164 of the Cr.P.C., wherein she has stated that the she was in love with this petitioner and she went with him with her own sweet-will. It is further submitted that petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajoun P.S. Case No. 46 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 Additional Sessions-VI-cum Special Judge POCSO, Banka or Successor Court.

(Sunil Kumar Panwar, J) manishkumar/- U