Shole Kumar @ Sholay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6924 of 2023 Arising Out of PS. Case No.-871 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== SHOLE KUMAR @ SHOLAY KUMAR Son of Late Arjun Mahto Resident of village - Sinduar, P.S.- Mohanpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dineshwar Mishra, Mr. Ajit Kr. Singh, Adv. For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in a case instituted for the offence under Section 366A of the Indian Penal Code.

As per allegation in the FIR, while daughter of the informant went out for tuition, she did not return. On search, informant came to know that petitioner has kidnapped her with intention to marry her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. In fact, there is love affair between the petitioner and daughter of the informant. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that out of her

Patna High Court CR. MISC. No.6924 of 2023(4) dt.09-05-2023 2/2 own sweet will, she has eloped from her house with the petitioner and went to Banglore and petitioner established physical relationship with the victim girl with her consent. She has not raised finger against the petitioner for any forceful activity. Age of the daughter of the informant has been accessed as 17 and half years by the lower court. Petitioner has got no criminal antecedent and he is languishing in judicial custody 25.5.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

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 ACJMII, Sherghati in connection with Barachatti (Mohanpur) P.S. Case No. 871 of 2022.

(Sunil Kumar Panwar, J) sushma/- U