Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31374 of 2023 In CRIMINAL APPEAL (SJ) No.3555 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- PARSA District- Saran ====================================================== BITTU KUMAR Son of Rajendra Sah Resident of Village - Parsa Shankar Dih, P.S.- Parsa, District - Saran Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 363, 366(A), 366/34 of the Indian Penal Code, Section 3⁄4 of the POCSO Act and Section 3(1)(r)(s) of the SC/ST (POA) Act.

Prosecution case relates to abduction of minor daughter of the informant by the petitioner while she had gone to attend her coaching class at Parsa Bazaar. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There was love affair between the petitioner and daughter of the informant and she was in talking term with the petitioner for the last five years. Statement of the victim girl was

Patna High Court CR. MISC. No.31374 of 2023(5) dt.27-07-2023 2/2 recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet will, she had eloped with him and performed marriage at Mansa Devi Temple, Punjab. She has not raised any finger against the petitioner for any overt act and she also asserted that she want to go at her matrimonial home and lead the conjugal life with the petitioner. As per medical report, doctor opined her age above 18 years. Petitioner has got no criminal antecedent and languishing in judicial custody since 3.8.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO Act), Saran, Chapra in connection with Parsa PS Case No. 27 of 2022. (Sunil Kumar Panwar, J) lata/- U