Patna High CourtCR. MISC./2360/2024allowed

Laxman Yadav v. The State Of Bihar

2024-01-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2360 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- CHOUTARWA District- West Champaran ====================================================== Laxman Yadav S/O Ganga Yadav @ Gangasagar Yadav Village- Bihar Bujurg, Ps. Tamkuhi Raj, Dist. Kushinagar Uttar Pradesh At Present Address R/O Village- Bihahibalua, Ps. Bhitaha, Dist. West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajeet Kumar Bhawdwaj For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 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) of the Indian Penal Code and Sections 8/12 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. The victim girl was recovered whose statement of 161 of the Cr.P.C. has been annexed as Annexure P/3 wherein, she did not support the

Patna High Court CR. MISC. No.2360 of 2024(2) dt.30-01-2024 2/2 prosecution version and stated that she fell in love affairs with the petitioner and solemnized marriage with him. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 17.8.2023.

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 Chautarwa P.S. Case No. 238 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-V, West Champaran at Bettiah.

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