Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12104 of 2024 Arising Out of PS. Case No.-934 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Suraj Kumar Son of late Umesh Rai Resident of Village- Mehsaul Tola Husaina, ward no. 36, PS- Sitamarhi, District-Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Rai, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in a case registered for the offence(s) punishable under section 363, 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. The allegation against the petitioner is to kidnap informant's minor daughter when she had gone to grocery shop to purchase some articles.
4. Learned counsel for the petitioner submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has specifically stated that she fled away with the petitioner on her own will. The learned Magistrate has assessed
Patna High Court CR. MISC. No.12104 of 2024(5) dt.02-07-2024 2/2 the age of the victim as 18 years.
5. On the other hand, learned Addl. P.P. for the State opposed the prayer for bail. Petitioner is in custody since 15.12.2023.
6. Considering the facts and circumstances, this application is allowed.
7. Let the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of learned Additional Session Judge-VI-cum-Special Judge (POCSO Act) Sitamarhi, in connection with Sitamarhi P.S. Case No. 934 of 2023. (Nawneet Kumar Pandey, J) sanjeev/- U T