Patna High CourtCR. MISC./2565/2024bail granted

Phulchand Pandit Alias Phulchandra Pandit Alias Fulchan Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2565 of 2024 Arising Out of PS. Case No.-24 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Phulchand Pandit Alias Phulchandra Pandit Alias Fulchan Kumar S/OBrahamdeo pandit resident of BALUHA, p.s- K. Asthan, Distt- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Bhardwaj For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 363, 366A read with Section 34 of the Indian Penal Code, however, after investigation, chargesheet was submitted under Sections 366A/376 of the IPC and Section 6/8 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have abducted the victim.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 25.06.2023. He is quite innocent and has not committed any offence.

5. Learned A.P.P. has vehemently opposed the

Patna High Court CR. MISC. No.2565 of 2024(2) dt.24-01-2024 2/2 prayer for bail.

6. In the Sessions trials, it appears that the victim girl had eloped with the petitioner.

7. Considering the facts and circumstances of the case, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO Act), Darbhagna/concerned Court below in connection with Sessions Case No. POCSO G.R. 86/2023 arising out of Kusheshwar Asthan (K. Asthan) P.S. Case No. 24 of 2020 subject to the condition that:- 8(1). The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

(Sandeep Kumar, J) Shishir/- U T