Patna High CourtCR. MISC./37989/2024bail granted

Kanahiya Kumar v. The State Of Bihar

2024-09-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37989 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- GHOSWARI District- Patna ====================================================== Kanahiya Kumar Son of Siyaram Sharma @Siyaram Mistri R/O village Panchshil nagar, P.S. Barh, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

XXX D/o- Upendra Yadav Village- Gosaigaun Ps- Goswari Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rohit Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case No. 27 of 2024 arising out of Ghoswari P.S. Case No. 14 of 2024 registered for the offence under Sections 363, 365, 328 and 376 of the Indian Penal Code and under Section 4, 6 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have kidnapped the victim girl and has committed rape upon her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. He also submits that from the statement of the

Patna High Court CR. MISC. No.37989 of 2024(5) dt.18-09-2024 2/2 victim girl made under Section 164 of the Cr.P.C., it appears that the petitioner and the victim girl were in a relationship and she had eloped with the petitioner on her own.

5. The petitioner is in jail since 4.2.2024.

6. Considering the aforesaid facts and the period of custody, this application is allowed.

7. 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 the learned Court of ADJ-VIth-cum-Special Judge, POCSO, Patna in connection with Special Case No. 27 of 2024 arising out of Ghoswari P.S. Case No. 14 of 2024.

(Sandeep Kumar, J) Vikas/- U T