Luvkush Kumar @ Lavkush Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25171 of 2024 Arising Out of PS. Case No.-96 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== LUVKUSH KUMAR @ LAVKUSH PASWAN SON OF VINOD PASWAN RESIDENT OF VILLAGE- THORI PANDEYPUR, PS- MURAR, DISTBUXAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in POCSO P.S. Case No. 64 of 2023, instituted for the offence punishable under sections 363, 366A, 376 of the Indian Penal Code and Section 4/6 of the POCSO Act.
3. As per FIR, the informant alleged that the petitioner and co-accused persons enticed away her daughter for the purpose of marriage.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this
Patna High Court CR. MISC. No.25171 of 2024(2) dt.04-04-2024 2/3 present case merely on the basis of suspicion. As per para 8 of the bail petition and impugned order, statement of the victim was recorded under Section 164 of the Cr.P.C., wherein she has stated that the she was in love with this petitioner and she went with him with her own sweet-will. Thereafter, they solemnized marriage and out of their wedlock they have also one girl child. The petitioner is languishing in judicial custody since 02.04.2023, and has no criminal antecedent. Learned counsel for the petitioner further placed reliance on cases of the Hon'ble Supreme Court since reported in 2018 SCC online SC-3100 (Dr. Dhruvram Murlidhar Sonar versus the State of Maharastra and others and (2019) 9 SCC 608 (Pramod Suryabhan Pawar vs. the State of Maharastra and others).
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and fair criminal antecedent, this Court is inclined to grant bail to the petitioner.
7. 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 Court
Patna High Court CR. MISC. No.25171 of 2024(2) dt.04-04-2024 3/3 below/concerned Court in connection with POCSO P.S. Case No. 64 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) manishkumar/- U T