Madhubani v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr. Kripa Nand Jha, Adv. Mr. Mukesh Kumar Singh, APP ORAL ORDER 2 23-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State. The petitioner has preferred this application for grant of regular bail in a case registered u/s 363 and 366A read with section 34 of the Indian Penal Code and sections 8 and 12 of POCSO Act. As per the prosecution case, the petitioner and the co- accused persons kidnapped the minor daughter of the informant while she was going to coaching. Two accused persons were caught hold of and they were handed over to the police and the apprehended accused persons told that the daughter of the informant was in love with the petitioner Amarjeet Mandal who took away the girl. Patna High Court CR. MISC. No.66998 of 2022(2) dt.23-03-2023 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded under section 164 of the Cr.P.C. has not stated that she was forced to have sexual intercourse with another person. Learned counsel has submitted that there was love affairs between the petitioner and the victim girl. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.09.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Madhubani Town P.S. Case No. 196 of 2022 corresponding to G.R. No. 69 of 2022. The application stands allowed. guddukr/- U T (Chandra Prakash Singh, J)