Love Kumar @ Lav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12033 of 2025 Arising Out of PS. Case No.-195 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Love Kumar @ Lav Kumar S/O Vikash Yadav Resident of Village- Bhawani Patti, Ward No. 04, Police Station - Chhatapur, Distt- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mohan Yadav S/O Late Rameshwer Yadav R/O Village- Bhawani Patti, Ward No.-02, P.S- Chhatapur, Distt.- Supaul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun For the Informant :

Mr. Gopal Kumar Jha For the State :

Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with POCSO Case No. 65 of 2023, arising out of Chhatapur P.S. Case No. 195 of 2023, instituted for the offence punishable under Sections 341, 323, 366(A), 504, 506/34 of the Indian Penal Code and section 4/6 of the POCSO Act.

3. The prosecution case, in short, on 11.06.2022, when the informant returned back to home after attending marriage feast in the night, petitioner and some other accused persons alleged by entered the house of the informant and forcibly took away her daughter for the purpose of marriage.

Patna High Court CR. MISC. No.12033 of 2025(3) dt.12-05-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner in innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has surfaced during course of investigation. The F.I.R. has been lodged after delay of three days and there is no plausible explanation for the same. From perusal of the case diary, it appears that the statement of victim girl has been recorded u/s 164 Cr.P.C. in which she has stated that prior to five years, she was in talking term with the petitioner on phone and on 10.06.2023, she went to the house of the petitioner and solemnized marriage. Petitioner has no criminal antecedent and he is in custody since 16.09.2024. After completion of the investigation, charge-sheet has already been submitted.

5. Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and statement of victim u/s 164 Cr.P.C. and also considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Addl. Sessions Judge-cum-

Patna High Court CR. MISC. No.12033 of 2025(3) dt.12-05-2025 3/3 Special Judge, POCSO Act, Supaul in connection with POCSO Case No. 65 of 2023, arising out of Chhatapur P.S. Case No. 195 of 2023.

(S. B. Pd. Singh, J) Ranjeet/- U T