Patna High CourtCR. MISC./35136/2025bail granted

Kanhaiya Kumar v. The State Of Bihar

2025-07-04Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35136 of 2025 Arising Out of PS. Case No.-366 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Kanhaiya Kumar S/o Haridar Ram R/o Village- Bhairopur, P.S.- Bhagwanpur, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

The State of Bihar 2.

Goldi Kumari D/o Sunil Ram R/o Village- Mohania, Ward No. 01, P.S.- Mohania, District- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-07-2025 Heard the learned counsel for the parties.

2. While rejecting the prayer for bail, vide order dated 19.09.2024, passed in Cr.Misc No. 29054 of 2024, it was observed that the petitioner may renew his prayer for bail after six months, if the trial is not concluded within the stipulated period.

3. The learned counsel for the petitioner has submitted that the stipulated period has completed, but the trial has not been concluded till date. He submits that out of eight witnesses, five have been examined. His further submission is that at the time of occurrence the victim was technically minor but she was on the verge of majority, as her age was above 17

Patna High Court CR. MISC. No.35136 of 2025(2) dt.04-07-2025 2/2 years and the relationship between the petitioner and the victim was consensual. They were apprehended by the police in an objection position.

4. On the other hand, the learned APP for the State has opposed the prayer for bail.

5. Considering the above facts and circumstances and also keeping in view the period of custody since 20.02.0224, 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 Additional District Judge-cum-Special Judge, POCSO Act, Kaimur at Bhabua in connection with POCSO Case No. 24 of 2024, arising out of Bhagwanpur P.S.Case No. 366 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) HR/- U T