Patna High CourtCR. MISC./83438/2023allowed

Amarjeet Paswan @ Amjeet Pawan v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83438 of 2023 Arising Out of PS. Case No.-585 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Amarjeet Paswan @ Amjeet Pawan Son Of Krishna Paswan R/O Vill - Gausganj, P.S. - Ara Nagar, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 sections 363, 366(A) and 376 of the Indian Penal Code and Section 4 of the POCSO Act.

3. Allegation against the petitioner is that he abducted the daughter of the informant.

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. From perusal of the impugned order, the statement of the victim was recorded under Section 164 of the Cr.P.C. in which she does not whisper any complicity of the petitioner in respect of abduction rather she

Patna High Court CR. MISC. No.83438 of 2023(2) dt.04-01-2024 2/2 stated that she out of her own sweet will, went to Delhi with this petitioner and when she got to know about this case, she returned her home from Delhi. Moreover, the petitioner is languishing in judicial custody since 02.09.2023.

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 Ara Town P.S. Case No. 585 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 Chief Judicial Magistrate, Bhojpur at Ara. (Sunil Kumar Panwar, J) shubham/- U T