Guddu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36063 of 2023 Arising Out of PS. Case No.-450 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== GUDDU KUMAR YADAV SON OF SUNIL YADAV RESIDENT OF VILLAGE- RASALPUR EKCHARI, PS- EKCHARI, DISTTBHAGALPUR .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2023 Heard Mr. Pankaj Kumar, learned counsel for the petitioner and Mr. Akbar Ali, learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Kahalgaon (Ghogha) PS Case No. 450/2021 dated 08.07.2021 registered for the offence punishable under Section 366(A) of the IPC. Later on, after investigation charge-sheet has been filed under Sections 366(A), 376 IPC and Section 4 of the POCSO Act.

3. As per First Information Report, the petitioner has allegedly, abducted the minor daughter of the informant and has performed marriage.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due oblique motive. He further submits that the victim girl, in her statement

Patna High Court CR. MISC. No.36063 of 2023(2) dt.28-06-2023 2/2 recorded under Section 164 CrPC and in her deposition during course of trial at Annexure-3, has accepted that she had called the petitioner and asked her to marry with her because her parents were planning to solemnize marriage of the victim along with a person aged about 45 years. The victim girl has disclosed her age on the date of recording her deposition as 21 years.

5. Regards being had to the submissions made by the parties, taking into consideration the statement of the victim girl recorded during course of trial and her statement made under Section 164 CrPC which has been confirmed by the victim before the trial court, I am inclined to grant regular bail to the petitioner.

6. Accordingly, 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 Exclusive Special Judge, (POCSO)-cumAdditional Sessions Judge-VII, Bhagalpur in connection with POCSO Case No. 136/2022 arising out of Kahalgaon (Ghogha) PS Case No. 450/2021.

(Anil Kumar Sinha, J) perwez U T