Chintu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17621 of 2024 Arising Out of PS. Case No.-174 Year-2023 Thana- PHENHARA District- East Champaran ====================================================== Chintu Kumar Singh Son of Late Jagarnath Singh Resident of VillageIbrahimpur Parsauni, P.S.- Fenhara, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Fenhara P.S. Case No.174 of 2023 lodged under Sections 363, 366A, 379 and 34 of the I.P.C. read with section 8 of the POCSO Act.

3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the petitioner against whom there is allegation that he has kidnapped the informant's daughter with a view to marry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the alleged victim has been recovered and she has narrated her statement under section 164 of Cr.P.C. and medical examination of the victim has also been conducted.

5. Counsel further submits that the Sessions Court at the time of consideration of bail, has acknowledged the contents

Patna High Court CR. MISC. No.17621 of 2024(2) dt.14-03-2024 2/2 of section 164 of Cr.P.C. statement and medical board. In the statement of section 164 of Cr.P.C. the court has acknowledged that since last two and half years, petitioner was in love affairs and when family members was not ready, then she left her house with consent of the petitioner. The sessions court has also ascertained the age as per medical board between 18-19 years.

6. Counsel for the petitioner submits that petitioner is in custody since 08.12.2023 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge-cumSpecial Judge POCSO Act, East Champaran at Motihari in connection with Fenhara P.S. Case No.174 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T