Jaiki Kumar @ Lallu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30304 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- CHANDI District- Nalanda ====================================================== Jaiki Kumar @ Lallu Kumar Son Of Ranjit Ram @ Gorey Ram R/OMosimpur, P.S.- Chandi, District.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with POCSO Case No. 108 / 2022 arising out of Chandi P.S. Case No. 259 of 2022 registered for the offence punishable under Sections 366A, 504, 506 of the Indian Penal Code and Section 8 / 12 of the POCSO Act.

As per the prosecution case, the allegation against the petitioner is that he has kidnapped the daughter of the informant, namely, Poonam Kumari aged about 16 years with intention to marry her.

Learned counsel for the petitioner submits that victim girl was not sexually assaulted by the petitioner which is evident from the medical report. The victim girl in her statement under

Patna High Court CR. MISC. No.30304 of 2023(2) dt.12-06-2023 2/2 Section 164 of the Cr.P.C. has categorically stated that no one has kidnapped / enticed her and she eloped with the petitioner with her own free will without any threat, coercion or undue influence. Petitioner has no criminal antecedent and he is in jail custody since 14.07.2022.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released 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 7th Additional Sessions Judge - cum - Special Judge, POCSO Act, Bihar Sharif, Nalanda in connection with POCSO Case No. 108 / 2022 arising out of Chandi P.S. Case No. 259 of 2022. (Sunil Dutta Mishra, J) saurabhkr/- U T