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Patna High CourtCR. MISC./14054/2024allowed

Sonu Kumar Singh @ Katimana v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14054 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Sonu Kumar Singh @ Katimana Son of Binod Kumar Singh Resident of Vikramshila Colony, P.S.- Tilkamanjhi, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366(A), 363 and 34 of the Indian Penal Code.

3. According to prosecution case, the petitioner along with other co-accused persons is said to have abducted the sister of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner is not named in FIR rather his name came into light in this case during investigation on the disclosure of the victim. Her statement was

Patna High Court CR. MISC. No.14054 of 2024(3) dt.04-04-2024 2/3 recorded under Section 164 of the Cr.P.C. in which she stated that she fall in love with this petitioner. She did not complain any physical assault and any ravishing committed by the petitioner with her. She stated that this petitioner along with other co-accused persons took away her from the market. Charge sheet has been submitted under Section 363, 365 and 34 of the IPC and Section 8/12 of the POCSO Act. Similarly situated other co-accused persons have already been granted bail by this Court vide order dated 11.12.2023 in Cr. Misc. No. 79551 of 2023 and order dated 29.01.2024 in Cr. Misc. No. 56110 of 2023. Moreover, he is languishing in judicial custody since 25.11.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 after framing of charge if the charge is not framed in connection with Ishakchak P.S. Case No. 60 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.14054 of 2024(3) dt.04-04-2024 3/3 Additional District and Sessions Judge, 6th cum Special Judge, POCSO Act, Bhagalpur.

(Sunil Kumar Panwar, J) Shubham/- U T