Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15418 of 2023 Arising Out of PS. Case No.-63 Year-2022 Thana- PARSAUNI District- Sitamarhi ====================================================== Sudhanshu Kumar Son of Late Jitendra Pandey Resident of VillageAndahara, Ward No.-16, P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prakash Shrarma, Advocate For the Opposite Party/s :

Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The prosecution case, in short, is that the petitioner kidnapped the minor daughter of the informant for the purpose of marriage or prostitution.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.04.2022 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no chance

Patna High Court CR. MISC. No.15418 of 2023(2) dt.01-05-2023 2/2 of trial being concluded in near future. The victim has been recovered and her statement under Section 164 of Cr.P.C. has been recorded, in which it is stated by the victim that she had left the house out of her own will. There is no allegation of physical or sexual assault alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, be released 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 the Court below/concerned Court in connection with Parsauni P.S. case No.63 of 2022.

(Sudhir Singh, J) Narendra/- U T