Ankit Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83546 of 2023 Arising Out of PS. Case No.-588 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Ankit Ray Son Of Jaldhar Ray R/O Village- Baraini, Bajitpur, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Manoj Kumar For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== 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 366(A), 363/34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. According to the prosecution case, the petitioner is said to have abducted the minor daughter of the informant on the pretext of solemnization of marriage.
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. It is submitted vide para 14 & 15 of the petition that the victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C.,
Patna High Court CR. MISC. No.83546 of 2023(2) dt.04-01-2024 2/2 wherein, she did not support the prosecution version and stated that she had gone from her home to Gujrat and solemnized marriage with the petitioner out of her own sweet will which is evident from Annexure-2. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 25.4.2023.
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 period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Kahalgaon P.S. Case No.588 of 2022 arising out of POCSO Case No. 112 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO)-Cum-7th Additional District and Sessions Judge, Bhagalpur.
(Sunil Kumar Panwar, J) Amandeep/- U T