Sonu Kumar Alias Sonu Thakuar Alias Bholu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31636 of 2022 Arising Out of PS. Case No.-176 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== SONU KUMAR ALIAS SONU THAKUAR ALIAS BHOLU S/o Mohan Thakur R/o Village-Sarotar, P.S.-Dumariyaghat, Distt.-East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Binod Kumar no.3.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offences punishable under Sections 366, 366A of the Indian Penal Code and section 8 of the POCSO Act.

As per allegation, this petitioner and other accused persons kidnapped minor daughter of the informant. The main submissions advanced by Sri Dhannjay Kumar No. 2, the learned counsel for the petitioner are that so-called victim has been recovered and she has recorded her statement before the Judicial Magistrate in which she has not supported the allegation of FIR and accepted matrimonial relation with this petitioner and

Patna High Court CR. MISC. No.31636 of 2022(2) dt.25-08-2022 2/2 according to Medical Board's opinion victim's age has been assessed as 18 to 20 years which shows that at the time of alleged occurrence she was major.

Sri Binod Kumar no.3, learned APP appearing for the State has opposed the prayer for bail.

In view of above submissions and mainly taking into account victim's statement recorded under section 164 Cr.P.C which has been discussed in the order impugned and the relevant paragraph of the said order goes to shows that the said victim accepted her matrimonial relation with the petitioner and she disclosed before the Judicial Magistrate that she has left her house according to her own volition, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner 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 the Addl. Sessions Judge VII-cum- Special Judge, POCSO, East Champaran at Motihari in Dumariyaghat P.S Case No. 176 of 2019.

(Shailendra Singh, J) s.hassan/- U T