Patna High CourtCR. MISC./83330/2023allowed

Pankaj Kumar Mahto v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83332 of 2023 Arising Out of PS. Case No.-115 Year-2021 Thana- KORHA District- Katihar ====================================================== Pawan Mukhiya@ Pawan Kumar Mukhiya Son Of Late Reet Mohan Mukhiya Resident Of Bishariya, P.S. - Korha, District - Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 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 363, 366A, of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons abducted her 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 present case merely on the basis of suspicion and previous dispute. There is no specific allegation of any wrong doing

Patna High Court CR. MISC. No. 83332 of 2023(2) dt.02-01-2024 2/2 levelled against the petitioner rather specific allegation of physical relation levelled against co-accused, Mithlesh Kumar. Similarly situated co-accused has already been granted bail by this Court vide order dated 18.12.2023 passed in Cr. Misc. No. 81523 of 2023. The petitioner is languishing in judicial custody since 22.07.2023.

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 Korha P.S. Case No. 115 of 2021 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 Judge-VII-cum Special Judge, POCSO, Katihar.

(Sunil Kumar Panwar, J) manishkumar/- U