Dablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21763 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- BANDHUWA KURAWA District- Banka ====================================================== Dablu Kumar Son of Kameshwar Ojha Resident of Barmasia P.S Banka, DistBanka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Karuna Devi Wife of Huro Rauat village- Gokhula Kurewa, PsBandhuwakurawa, Dist- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Bandhuwa Kurawa P.S. Case No. 101 of 2024 dated 15.11.2024 registered for the offence punishable under Sections 96, 3(5) of Bharatiya Nyaya Sanhita 2023 and Section 8 of POCSO Act.

3. The allegation against the petitioner is that he along with one Srikant Ojha is said to have kidnapped the daughter of the informant.

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

Patna High Court CR. MISC. No.21763 of 2025(2) dt.23-04-2025 2/3 this case. It is submitted that the victim was examined under Section 183 of BNSS wherein she has clearly stated that she went to Jasidih with Dablu Kumar (petitioner) and she got married with him. The age of the victim was assessed by the doctors and age determined on radiological ground appears to be above 18 years but as per the school leaving certificate the victim was minor on the date of occurrence. It is further submitted that the victim girl gave statement before the police that she herself went with the petitioner and he had no knowledge about the age of the victim. Lastly, it has been submitted that the petitioner is in custody since 16.11.2024, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge

Patna High Court CR. MISC. No.21763 of 2025(2) dt.23-04-2025 3/3 (POCSO), Banka in connection with Bandhuwa Kurawa P.S. Case No. 101 of 2024.

(Khatim Reza, J) prabhat/- U T