Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14748 of 2025 Arising Out of PS. Case No.-336 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Sujit Kumar S/O Late Brijlal Yadav R/O Village- Nijampur, P.S.- Dulhin Bazar, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mohi Lal Yadav S/O Shivnandan Yadav R/O Singhara, P.S.- Dulhin Bazar, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-03-2025 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 363 and 366(A) of the Indian Penal Code.

3. The case of the prosecution is that the daughter of the informant had gone to school and when she was returning, in the way Golu Kumar in connivance with Akash Kumar took her away with an intention to perform marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.14748 of 2025(2) dt.19-03-2025 2/3 case. Petitioner has no concern either with the victim or coaccused Golu Kumar. Moreover, the petitioner is languishing in judicial custody since 04.10.2024 having no criminal antecedent.

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

6. During the course of investigation, the victim has given her statement under Section 161 and 164 of the Cr.P.C. as well. In her statement under section 164 of the Cr.P.C. she has stated that while she was returning from school, three boys forcefully brought her on a bike and after sometime Chandan Kumar and Sujit Kumar got down and Golu Kumar took her away. The main thrust of allegation is upon co-accused Golu Kumar and he has already been granted regular bail vide order dated 17.01.2025 passed in Cr. Misc. No. 60073 of 2024. The case of this petitioner is on better footing.

7. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Special Case No. 293 of 2024, arising out of Dulhin Bazar P.S. Case No. 336 of 2023, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.14748 of 2025(2) dt.19-03-2025 3/3 like amount each to the satisfaction of learned Special Judge, (POCSO), Patna.

(Ashok Kumar Pandey, J) Ranjeet/- U T