IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43313 of 2022

Arising Out of PS. Case No.-174 Year-2022 Thana- GRIYAK District- Nalanda

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Chandan Prasad @ Chandan Prasad Akela Son of Bindeshwar Sao Akela

Resident of Village - Chorsua, Police Station- Pawapuri (Giriyak), District -

Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Anil Kumar Singh, Advocate

For the Opposite Party/s :

Mr.Murli Dhar, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

4

18-01-2023

Heard learned counsel for the petitioner and learned

APP for the State.

Let the defect(s) as pointed out by the office, be

removed within a period of four weeks.

In the present case, the petitioner seeks bail in

connection with POCSO Case No. 39 of 2022 arising out of

Giriyak P.S. Case No. 174 of 2022 registered for the alleged

offences under Sections 363 and 366(A) of the Indian Penal

Code and Section 8 of the POCSO Act.

As per prosecution case, the daughter and the niece of

the informant went missing. Later on, it came to the notice that

the petitioner was the person who took away the minor daughter

of the informant.

Patna High Court CR. MISC. No.43313 of 2022(4) dt.18-01-2023

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Learned counsel for the petitioner submits that the

petitioner is innocent and has been falsely implicated in this

case merely on suspicion. The petitioner and the victim girl

were having love affair and they fled away from their house in

order to solemnize marriage. The statement of the victim girl

was recorded under Section 164 Cr.P.C. wherein she disclosed

this fact. When the statement of her mother was recorded during

investigation by the police, she has also stated about continuing

love affair between her daughter and this petitioner. Medical

report also does not show any sign of recent sexual intercourse.

Learned counsel further submits that victim girl under pressure

of her parents retracted from her statement recorded under

Section 161 Cr.P.C. and gave altogether different statements

before the learned Judicial Magistrate U/S 164 Cr.P.C. that she

was forcibly taken away by the petitioner who committed rape

with her on a number of occasions. But her story is not

believable as she was recovered from a populated locality of

Ekangarsarai and it is not believable that she was kept for 12

days and she did not raise any alarm and did not even raise any

hue and cry though, as she has stated, the petitioner used to

leave her alone in the room. Learned counsel further submits

that victim girl is stated to be a student of intermediate and

Patna High Court CR. MISC. No.43313 of 2022(4) dt.18-01-2023

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appears to be mature enough to know the consequences of her

act. The petitioner is in custody since 26.04.2022 and charge

sheet has been submitted. The petitioner has got no criminal

history.

Learned APP opposes the prayer for bail submitting

that victim girl was a minor and she has made serious allegation

against the petitioner recorded under Section 164 Cr.P.C.

Having regard to the facts and circumstances and

submissions made on behalf of the parties and considering the

possibility of false implication of the petitioner and

improbability of circumstances and further considering the

period of custody of the petitioner along with the submission of

charge-sheet against him, the petitioner above named is directed

to be released on bail on furnishing bail bond of Rs. 20,000/-

(twenty thousand) with two sureties of the like amount each to

the satisfaction of learned VII^th Additional Sessions Judge-cum-

Special Court POCSO, Biharsharif, Nalanda in connection with

POCSO Case No. 39 of 2022 arising out of Giriyak P.S. Case

No. 174 of 2022, subject to the conditions mentioned in Secti