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Patna High CourtCR. MISC./84003/2025allowed

Shatrughan Kumar Bishwas @ Shatrughan Kumar v. The State Of Bihar

2025-12-12Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84003 of 2025 Arising Out of PS. Case No.-252 Year-2025 Thana- DAGARUA District- Purnia ====================================================== Shatrughan Kumar Bishwas @ Shatrughan Kumar Son of Kishan Lal Bishwas R/o Village - Saura Jabar, Ward No. 15, P.S. - Dagarua, Distt. - Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shashikala Devi Wife of Sahdeo Bishwas R/o Village - Saura Jabar, Panchayat - Tejhra, P.S. - Dagarua, Dist. - Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2025 Heard Mr. Bijendra Kumar Singh, learned counsel for the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Special (POCSO) Case No. 202 of 2025 arising out of Dagarua P.S. Case No. 252 of 2025 registered for the offence punishable under Sections 137(2), 96, 3(5) of the B.N.S., 2023 and Sections 8 & 12 of the POCSO Act.

3. The case of the prosecution in short is that the petitioner has kidnapped the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.84003 of 2025(2) dt.12-12-2025 2/3 case. Learned counsel for the petitioner submits that from perusal of the order of the learned trial court, it is clear that during the course of investigation, the victim has given her statement recorded under Section 183 of the BNSS wherein she has stated that on 23.07.2025, the petitioner came to her house, assaulted her, and also assaulted her grandmother. There was no one else at the house. He took the victim forcefully on a toto and proceeded to the bus stand, where both were apprehended. He also submits that the only allegation against the petitioner is that he took the victim on a toto whereupon he was apprehended by the police. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 25.07.2025.

5. The application for bail is opposed by learned APP for the State.

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 Additional Sessions Judge-VII-cum-Special Court (POCSO),

Patna High Court CR. MISC. No.84003 of 2025(2) dt.12-12-2025 3/3 Purnea in connection with Special (POCSO) Case No. 202 of 2025 arising out of Dagarua P.S. Case No. 252 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T