Chandan Kumar Yadav @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85380 of 2023 Arising Out of PS. Case No.-416 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Chandan Kumar Yadav @ Chandan Yadav Son Of Rudal Yadav Resident Of Village - Shivrajpur, P.S. - Nautan, District - West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Shrivastava For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 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) /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, aged about 15 years 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. From perusal of case diary, it is evident that the victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution version and stated that there is love

Patna High Court CR. MISC. No.85380 of 2023(3) dt.25-01-2024 2/2 affairs between her and the petitioner. She went from her home to Delhi and solemnized marriage with the petitioner out of her own sweet will. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 2.11.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nautan P.S. Case No. 416 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 Special POCSO-cum-ADJ-VI, West Champaran at Bettiah. (Sunil Kumar Panwar, J) Amandeep/- U T