Sanjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10249 of 2025 Arising Out of PS. Case No.-277 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Sanjit Kumar S/O Doman Yadav R/O Village- Gangasagar, P.S- Makhdumpur, District- Jehanabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
X S/O Y R/O Vill.- A,P.S- B,Dist- C ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
For the informant :
Mrs. Archana Sinha, Sr. Adv.
Ms. Richa Rajiv Singh, Adv.
For the State :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A), 376 of the Indian Penal Code and Sections 4, 6 of POCSO Act.
3. Allegation against the petitioner is that he abducted the minor daughter of informant with intent to marry her, while she was taking tuition at Coaching Centre, Tehta, Jehanabad.
4. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.10249 of 2025(4) dt.09-05-2025 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. From perusal of statement of victim recorded under Section 161 of Cr.P.C. (vide para 132 of Case Diary) and copy of her statement recorded u/s 164 of Cr.P.C., it appears that Victim has not whispered about the complicity of petitioner in her abduction. She has stated that on 03.06.2024, she went with the petitioner to Chennai, with her own sweet will and solemnized marriage with him. It is also evident that there is love affair between them. After completing investigation, charge-sheet has been submitted against the petitioner. Moreover, the petitioner is languishing in judicial custody since 13.09.2024.
5. Learned APP appearing for the State as well as learned counsel for the informant has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody and Statement of victim recorded u/s 161 & 164 of CR.P.C, this Court is inclined to enlarge the petitioner on bail. Hence, the above named
Patna High Court CR. MISC. No.10249 of 2025(4) dt.09-05-2025 3/3 petitioner is directed to be enlarged on bail , after framing of charge, if not framed, in connection with Makhdumpur P.S. Case No. 277 of 2024 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 District & Sessions Judge VI-cum-Special Judge (POCSO), Jehanabad, with following conditions:- (i) One of the bailors should be close relative of the petitioner.
(ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move before the Trial Court for cancellation of bail (S. B. Pd. Singh, J) Nirajkrs/- U T