Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35714 of 2025 Arising Out of PS. Case No.-363 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Chhotu Kumar Son of Siro Mandal R/o Village - Batsar, P.S.- Dhoraiya, District - Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nilam Devi Wife of Bharat Mandal R/O village - Batsar, P.S.- Dhoraiya, District - Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dhoraiya P.S. Case No. 363 of 2024 dated 24.10.2024 registered for the offences punishable u/s 96 of the BNS and sections 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant by enticing her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.35714 of 2025(2) dt.17-06-2025 2/2 this case. As per the medical report, the victim is aged above 18 years. There is love affair between the petitioner and the victim. The victim in her statement recorded u/s 180 of the BNSS has stated that she solemnized marriage with the petitioner of her own will. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Dhoraiya P.S. Case No. 363 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T