Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7370 of 2023 Arising Out of PS. Case No.-590 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Sudhir Kumar S/O Triloki Rai R/O Village- Berua Ward No. 13, P.S.- Gayghat, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Dumra P.S. Case No. 590 of 2022 registered under sections 364, 365, 366, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act. Allegation against the petitioner along with other coaccused person is that they abducted the minor daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that the statement of the victim was recorded under Section 164 of the Cr.P.C., in which she has not

Patna High Court CR. MISC. No.7370 of 2023(2) dt.13-04-2023 2/2 whispered any complicity of the petitioner in this alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dumra P.S. Case No. 590 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-Cum-Special Judge (POCSO) VI, Sitamarhi.

(Sunil Kumar Panwar, J) shubham/- U T