Patna High CourtCR. MISC./81791/2023allowed

Diwakar Kumar v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81791 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- KORMA District- Sheikhpura ====================================================== Diwakar Kumar Son Of Upendra Ram R/O Village- Pendi, P.S.- Sarmera, Dist.- Nalanda ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Roop Kishan For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Section 366(A) of the Indian Penal Code and Section 8 of POCSO Act.

3. Prosecution case relates to abduction of minor daughter of the informant by the petitioner in connivance with other FIR named accused persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet will, she has gone to the village of petitioner and performed marriage there. She has not raised any finger against

Patna High Court CR. MISC. No.81791 of 2023(3) dt.10-01-2024 2/2 the petitioner for any offence. Presently she is living in her matrimonial home. Age of the daughter of the informant has been accessed as more than 18 years by the lower court. Petitioner has no criminal antecedent and he is languishing in judicial custody since 28.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional District & Sessions Judge, VI-cum-Special Judge (POCSO Act), Sheikhpura in connection with Korma P.S. Case No. 139 of 2022.

(Sunil Kumar Panwar, J) sushma/- U