Chhotu Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5081 of 2024 Arising Out of PS. Case No.-438 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== Chhotu Kewat SON OF Manglu Kewat @ Manglu Das RESIDENT OF VILLAGE- MEDHI, PS- ISLAMPUR, DIST- NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
Mr. Sanjay Kumar Singh I ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 366A, 376 Indian Penal Code and Section 4 of the POCSO Act.
As per allegation in the FIR, petitioner has enticed away the minor daughter, aged about 17 years, of the informant
3. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. As per impugned order, victim was recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet will, she went with the petitioner. Victim is at the verge of majority and it is submitted that after performing
Patna High Court CR. MISC. No.5081 of 2024(2) dt.07-02-2024 2/2 marriage with the petitioner, informant's daughter is leading her conjugal life at her matrimonial home. Petitioner has got no criminal antecedent and languishing in judicial custody since 14.8.2023.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII-cum-Special Judge, POCSO, Biharsharif, Nalanda in connection with Islampur P.S. Case No. 438 of 2023.
(Sunil Kumar Panwar, J) sushma/- U