Jaggu Kumar @ Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8714 of 2022 Arising Out of PS. Case No.-249 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== Jaggu Kumar @ Sanjeev Kumar Son of Dablu Kumar @ Pundeo Ram Resident of Village- Mathiya, P.S.- Chhatauni, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks regular bail in connection with Chhatauni P.S. Case No. 249 of 2021 instituted for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 06.01.2022, is a person with clean antecedent and charge-sheet has been submitted in the case. The prosecution case, in short, is that, the complainant is the mother of the victim wherein, she alleged that the petitioner used to make sexually explicit acts with victim.
Patna High Court CR. MISC. No.8714 of 2022(2) dt.06-07-2022 2/3 Further, it is alleged that previously, she has lodged protest to his aunt namely, Babita Devi, who has also been arrayed as coaccused in the present case. On 04.06.2021, the accused persons took the victim to their house and thereafter, the victim went on missing and on enquired from the above said Babita Devi who ultimately accepted that she herself has made victim to elope with petitioner herein for the purpose of marriage. Learned counsel for the petitioner submits that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. in which, she deposed that on 04.06.2021, she went with Jaggu Kumar @ Sanjeev Kumar (Petitioner) on her sweet will and on 06.06.2021 got married in temple and thereafter resided there in a rented house as husband and wife. She, further, disclosed that her mother has registered false case against her husband, father-in-law, mother-in-law and relatives of her husband. She also deposed that she is ready to go with her husband (Petitioner).
Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 06.01.2022 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on
Patna High Court CR. MISC. No.8714 of 2022(2) dt.06-07-2022 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge cum Special Judge, POCSO, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 249 of 2021. (Khatim Reza, J) Gaurav Kumar/- U T