Pritam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21675 of 2025 Arising Out of PS. Case No.-59 Year-2024 Thana- BELHAR District- Banka ====================================================== Pritam Kumar Son of Birbal Tanti Village -Dadnichak, Police Station- Belhar, District -Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mahesh Tanti son of Late Ganbhir Tanti Village -Dadnichak, Police StationBelhar, District -Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP For the Informant :

Mr. Sunil Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Belhar P.S. Case No. 59 of 2024, instituted for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 8 of POCSO Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons lured minor daughter of the informant and took her for the purpose of marriage.

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

Patna High Court CR. MISC. No.21675 of 2025(5) dt.24-07-2025 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the petitioner and the victim had love affair in between them and they fled away on their own will towards unknown destination for the purpose of marriage. It is further submitted that the victim has not supported the prosecution case in her statement recorded under Sections 161 and 164 of Cr.P.C. The petitioner is in custody since 18.02.2025 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation against the petitioner of luring the victim for the purpose of marriage. The victim is a minor girl and has not supported the prosecution case in her statement recorded under Sections 161 and 164 of Cr.P.C. It is further submitted that despite she went away with her own consent, her consent is not valid in the eye of law as she is a minor girl. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to

Patna High Court CR. MISC. No.21675 of 2025(5) dt.24-07-2025 3/3 expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T