Gaurav Kumar @ Gourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21326 of 2023 Arising Out of PS. Case No.-1379 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Gaurav Kumar @ Gourav Kumar Son Of Basuki Paswan Resident Of Village - Nandlalpur, P.S. - Kahalgoan, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar, Advocate For the Opposite Party/s :

Mr Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Khalgaon P.S. Case No. 1379 of 2022 dated 06.12.2022 registered for the offence punishable u/s 366A and 506 read with 34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.21326 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the victim in her statement recorded u/s 164 of the Cr.P.C has stated that she left her home of her own will and went to Godda without informing her family members and the petitioner came there and he married her. There was love affairs between both the parties. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.01.2023 Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Khalgaon P.S. Case No. 1379 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T