Manoj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83243 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== MANOJ SHARMA S/o Jay Narain Sharma R/o Village-Ramban, P.SPakridayal, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 363, 365, 366(A)/34 of the Indian Penal Code and Section 4/8 of POCSO Act.

3. It is a case of abduction of minor daughter of the informant, when she went to Mini Branch of SBI in order to withdraw money. During search, informant came to know that petitioner has kidnapped her for the purpose of marriage with his associates. When the informant went to the house of accused persons to know about the whereabout of daughter, then accused persons including the petitioner

Patna High Court CR. MISC. No.83243 of 2023(3) dt.19-03-2024 2/3 insulted her.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Her statement was recorded u/s 164 Cr.P.C. in which she has deposed that she was in love with the petitioner. She stated that out of her own sweet will, she had eloped from her house and performed marriage with the petitioner. She has not raised any finger against the petitioner for any offence. Age of the daughter of the informant has been accessed as 16 years by the lower court. Petitioner has no criminal antecedent and he is languishing in judicial custody since 25.6.2023.

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 7th Addl. Sessions Judge-cum-Special Judge,

Patna High Court CR. MISC. No.83243 of 2023(3) dt.19-03-2024 3/3 POCSO, Motihari, Est Champaran in connection with Pakridayal P.S. Case No. 144 of 2023.

(Sunil Kumar Panwar, J) sushma/- U