Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21546 of 2024 Arising Out of PS. Case No.-414 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== Govind Kumar Son of Sanjay Kumar Ram Resident of vill.-Chhagarahan, P.s.-Sugauli, Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Tiwary, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.

2.

The petitioner seeks bail in connection with Ramgarhwa P.S. Case No. 414 of 2023 instituted for the offence under Sections 366A & 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3.

Prosecution case in short is that petitioner on the pretext of dropping informant's minor daughter (victim) to her school made her sit on his motorcycle while she was going to her school on 30-10-2023 and then kidnapped her. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-11-2023. Petitioner is a man of clean antecedent.

Patna High Court CR. MISC. No.21546 of 2024(3) dt.07-05-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that victim and the petitioner was in love affairs from the last three years. So far as allegation of kidnapping is concerned, it is submitted that victim herself in her statement recorded under Section 164 of the Cr.P.C. has stated that she has gone with the petitioner at her own volition. Referring to paragraph No. 44 of the case diary, learned counsel for the petitioner submits that age of the victim is assessed to be 19 years or above.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. He submits that petitioner taking advantage of tender mind of victim took her to Delhi and then solemnized marriage with her. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, fact that victim has not supported the allegation levelled in the FIR and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.21546 of 2024(3) dt.07-05-2024 3/3 Court below/concerned Court in connection with Ramgarhwa P.S. Case No. 414 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T