Kulwansh Kumar @ Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9247 of 2019 Arising Out of PS. Case No.-270 Year-2018 Thana- ITARHI District- Buxar ====================================================== KULWANSH KUMAR @ SONU SINGH aged about 19 years, Gender Male, Son of Sri Bhagwan Singh @ Shribhagvan Singh @ Tinnu Singh Resident of Village-Hukaha, P.S.-Mufassil, District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-02-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Itadhi P.S. Case No. 270 of 2018, registered for the offence punishable under Sections 363, 366(A), 376 of the Indian Penal Code and Section 4 of the POCSO Act.

The allegation is regarding the petitioner having kidnapped the victim girl and kept her at a house at Buxar. The learned counsel for the petitioner submits that a bare perusal of the statement of the victim girl made under Section 164 Cr.P.C. would show that there is no allegation of physically / sexually assaulting the victim girl qua the petitioner. It is further submitted that the matter has also been

Patna High Court Cr.Misc. No.9247 of 2019(2) dt.18-02-2019 2/2 settled amongst the parties as is apparent from Annexure-4 to the present petition. It is further submitted that in fact, the victim girl and the petitioner were having a love affair and they had eloped, however, the victim girl had returned to her house safely without any untoward incident. Lastly, It is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 18.10.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Buxar in connection with Itadhi P.S. Case No. 270 of 2018.

(Mohit Kumar Shah, J) ajay gupta/- U T