Patna High CourtCR. MISC./36132/2024bail granted

Sunil Kumar Paswan @ Sunil Kumar v. The State Of Bihar

2024-07-26Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36132 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- PATRAKARNAGAR District- Patna ====================================================== Sunil Kumar Paswan @ Sunil Kumar son of Shree Ramjee Paswan @ Chofanki Paswan R/o- Dusadhi Pakdi Ps- Kankarbagh Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Special Case No.75 of 2024 arising out of Patrakar Nagar P.S. Case No. 486 of 2023, lodged on 27.06.2023 under Section 366(A) of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against the present petitioner. It has been alleged in the FIR that the petitioner has kidnapped the daughter of the informant and fled away by enticing her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that on earlier occasion, case diary along with statement of the victim under section 164 Cr.P.C. has been called for and from the perusal of the said statement under

Patna High Court CR. MISC. No.36132 of 2024(3) dt.26-07-2024 2/2 section 164 Cr.P.C., it transpires that the recovered victim has not alleged anything against the present petitioner save and except they are living happy married life together. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 27.06.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Learned counsel for the informant submits that the informant's daughter and the petitioner are living happy married life together.

7. In the present facts and circumstances of this case, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI-cum-Special Judge, POCSO, Patna in connection with Special Case No.75 of 2024 arising out of Patrakar Nagar P.S. Case No. 486 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T