Patna High CourtCR. MISC./85568/2023allowed

Sikandra Kumar @ Siken Kumar @ Sikendar v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85568 of 2023 Arising Out of PS. Case No.-151 Year-2022 Thana- PIPRA District- Supaul ====================================================== Sikandra Kumar @ Siken Kumar @ Sikendar Sonof Fochay Sah @ Fachay Sah @ Phachay Sah Resident Of Village - Malhanwa, P.S. - Triveniganj, District - Supaul ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per prosecution case, the petitioner along with others are alleged to have abducted the minor daughter of the informant with wrong intention.

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 impugned order, it appears the victim girl is recovered and her statement has been recorded u/s 164 of the Cr.P.C. in which she has not

Patna High Court CR. MISC. No.85568 of 2023(2) dt.10-01-2024 2/2 supported the prosecution case. She further stated that the no one had abducted her rather she herself left house and went to Delhi. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 27.3.2023.

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 Pipra P.S. Case No. 151 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 Additional District & Sessions Judge-VI-Cum-Special Judge POCSO Act, Supaul.

(Sunil Kumar Panwar, J) Amandeep/- U T