Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31141 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- BIKRAM District- Patna ====================================================== SUNNY KUMAR S/O SUBODH SAW Resident of Village- Manjhauli, P.S.- Bikram, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Usha Kumari Singh, adv For the Opposite Party/s :

Mr. Shyam Bihari Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376 of the Indian Penal Code and 8/12 Pocso Act.

3. It is alleged that this petitioner Sunny Kumar and informant was talking with each other since last one year on phone and also established physical relationship. It is further alleged that at the instance of the petitioner, informant left her house and went to Delhi with the petitioner and reached on 24.01.2022 at Delhi Railway Station where NHO sister caught the informant-cum-victim and the petitioner fled away from the station.

4. It is submitted that petitioner and the victim has

Patna High Court CR. MISC. No.31141 of 2023(2) dt.20-07-2023 2/2 already solmnized marriage and both of them are living together as husband and wife at the residence of the petitioner with their child. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VII- cumExclusive Special Court (POCSO Act), Patna in connection Bikram P.S. Case no 245 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure with condition one of the bailors would be informant herself. (Prabhat Kumar Singh, J) Kaushik/- U T