Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26497 of 2020 Arising Out of PS. Case No.-70 Year-2019 Thana- VALMIKINAGAR District- West Champaran ====================================================== 1.

Sunil Kumar, aged about 23 years, Male, S/O Lalit Raut 2.

Govind Kumar, aged about 22 years, Male, S/O Rudal Raut, Both resident of Village- 3 number Pahad, P.S.- Valmiki Nagar, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2020 Heard Mr. Sanjeev Kumar, learned counsel for the petitioners and Mr. Akshay Lal Pandit, learned counsel appearing for the State through video conferencing. Petitioners seek regular bail in connection with Valmiki Nagar P.S. Case No. 70 of 2019 registered for the offence under Section 366 (A), 354 (A), 354 (B) , 34 of the I.P.C. and Section 8 of the POCSO Act.

The allegation against the petitioners is that the petitioners along with other accused persons abducted the informant for the purpose of marriage and kept her in the house of petitioner no. 2.

Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case due to village politics inasmuch as both the petitioners are co-villagers of the informant. Learned counsel further submits that the re-

Patna High Court CR. MISC. No.26497 of 2020(4) dt.02-12-2020 2/2 statement of the victim girl was recorded in which she has categorically stated that the petitioners did not commit any physical or sexual assault upon her and the petitioners are in custody since 14.11.2019.

Having regard to the submission made by the parties and taking into consideration the materials available on record and the fact that petitioners are in custody since 14.11.2019, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Addl. District & Sessions Judge - cum- Special Judge (SC/ST/POCSO), Bettiah, West Champaran in connection with Valmiki Nagar P.S. Case No. 70 of 2019. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

praful/- (Anil Kumar Sinha, J) U T