Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13140 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== Roushan Kumar S/o Sharvan Thathera Resident of Village-Mirbigha, P.S.- Warisaliganj, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 278 of 2023, lodged on 26.09.2023 under Sections 363, 366, 366(A) of the Indian Penal Code read with sections 8,12 of the POCSO Act.

3. As per the prosecution case, FIR has been lodged against the sole petitioner. The allegation against the present petitioner is that he has kidnapped the informant's daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the said FIR has been lodged on 26.09.2023 and on the same day, the victim girl has been recovered. Counsel further submits that the victim girl has whispered

Patna High Court CR. MISC. No.13140 of 2024(3) dt.18-04-2024 2/2 nothing against the present petitioner in her statement under section 164 Cr.P.C before the learned Magistrate.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 26.09.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 278 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T