Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22055 of 2023 Arising Out of PS. Case No.-317 Year-2022 Thana- DHORAIYA District- Banka ====================================================== Sonu Kumar Son of Anil Mehatar R/V- Chalnee, PS- Dhoraiya Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366(A), 34 of the Indian Penal Code and Section 12 of POCSO Act and the charge sheet came to be filed under Sections 366(A), 376 of the Indian Penal Code and Section 4 of POCSO Act.

As per prosecution case, it is case of abduction of the informant's daughter, aged about 17 years by the petitioner with intention to marry her.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The statement of the victim was recovered u/s164 of Cr.P.C. which is annexed with the case diary, wherein

Patna High Court CR. MISC. No.22055 of 2023(3) dt.25-07-2023 2/2 she has disclosed that she went with petitioner at Kolkatta out of her own sweet will and solemnized marriage and she also acceptd about her pregnancy. She has not raised any finger for any overt-act against the petitioner. A statement has been made in para 3 of the petition that petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 31.08.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dhoraiya P.S. Case No. 317 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-6th-cumSpl. Judge, POCSO, Banka. (Sunil Kumar Panwar, J) lata/- U T