Kuldeep Ram @ Kuldeep Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12163 of 2023 Arising Out of PS. Case No.-576 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Kuldeep Ram @ Kuldeep Kumar Ram, Son of Nandlal Ram, Resident of Village- Pachrukhiya, P.S.- Ramnagar, District- West champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363, 366A of the Indian Penal Code and Section 8 of POCSO Act. According to FIR, the allegation against the petitioner is of kidnapping the daughter of the informant with intention to marry her.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The F.I.R. has been lodged after the inordinate delay of 21 days. There is no cogent and substantive material has been found against the petitioner during investigation. In fact, there was love affair between the
Patna High Court CR. MISC. No.12163 of 2023(3) dt.21-06-2023 2/2 petitioner and daughter of the informant. As per statement recorded by the victim girl u/s 164 of Cr.P.C. wherein she has stated that out of her own sweet will, she has solemnized marriage with the petitioner. She has not whispered about the complicity of the petitioner in any offence. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 08.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramnagar P.S. Case No. 576 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeVII-cum-Special Judge (POCSO), West Champaran at Bettiah. (Sunil Kumar Panwar, J) lata/- U T