Patna High CourtCR. MISC./79430/2019bail granted

Shovan Pandit @ Shovan Kumar Pandit v. The State Of Bihar

2019-12-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79430 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== SHOVAN PANDIT @ SHOVAN KUMAR PANDIT Son of Sri Ramdeo Pandit Resident of Village- Kharik Bazar, P.S.- Kharik, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 366(A), 34 of the Indian Penal Code and 12 of POCSO Act.

The prosecution case in short is that the accused persons forcibly abducted the minor daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which

Patna High Court CR. MISC. No.79430 of 2019(2) dt.04-12-2019 2/2 the petitioner has not been named by the victim. After investigation, the police submitted final form against the petitioner but the Court below has differed with the police report and taken cognizance.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum- Special Judge, POCSO Act, Bhagalpur in connection with Kharik P.S. Case No. 150/2019 (POCSO 72/19).

(Sudhir Singh, J) Pankaj/- U T