Patna High CourtCR. MISC./35215/2023allowed

Munna Kumar v. The State Of Bihar

2023-07-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35215 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== MUNNA KUMAR S/o- JATASHANKAR SINGH Village- jagdishpur PsNautan (Jagdishpur) Dist-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A), 323, 504/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. The allegation against the petitioner along with others is of kidnapping the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she fall in love with the petitioner and solemnized marriage with him on her own sweet-

Patna High Court CR. MISC. No.35215 of 2023(3) dt.26-07-2023 2/2 will. Victim is aged about 16 years, who is on the verge of maturity. He is languishing in judicial custody since 24.03.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Nautan P.S. Case No. 69 of 2023.

(Sunil Kumar Panwar, J) arish/- U T