Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9085 of 2022 Arising Out of PS. Case No.-7 Year-2019 Thana- ALOULI District- Khagaria ====================================================== GUDDU KUMAR SON OF BIRENDRA THAKUR @ VIRENDRA THAKUR RESIDENT OF VILLAGE- BUDHWA, POLICE STATIONALLOULI, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Suresh Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code and sections 5/6 of the POCSO Act. Allegedly, informant minor daughter aged about 15 years was kidnapped by this petitioner and co-accused persons and while committing occurrence accused persons forcibly seated the victim in Bolero vehicle.

The main submissions advanced by the learned counsel for the petitioner are that so called victim has returned and her statement has been recorded under section 164 Cr.P.C in which she has not supported the allegation made in the FIR and

Patna High Court CR. MISC. No.9085 of 2022(2) dt.23-06-2022 2/2 accepted her going according to her own free will to lead conjugal life with this petitioner and according to her statement she has solemnized marriage with this petitioner and a daughter is also born from the said wedlock. Further submission is that informant and this petitioner have compromised the case vide Annexure 3.

Learned APP opposes the prayer for bail.

Having considered the victim statement recorded under section 164 Cr.P.C which completely goes against the prosecution allegation and learned Magistrate assessed the victim age as 19 years, petitioner deserves privilege of bail Accordingly, petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge VI, Khagaria in POCSO case no. 32 of 2021 arising out of Allouli P.S Case No. 07 of 2019. (Shailendra Singh, J) s.hassan/- U T