Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37964 of 2022 Arising Out of PS. Case No.-90 Year-2021 Thana- KUTUMBA District- Aurangabad ====================================================== Arjun Kumar Son Of Kedar Yadav Resident Of Village- Rohtaskhap, P.S.- Kutumba And District- Aurangabad ... ... Petitioner/s

Versus

1.The State of Bihar

2. Sunita Devi w/o Vijay Yadav, resident of village-Rohtaskhap, P.S.- Kutumba and District- Aurangabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Rana Randhir Singh For the Informant :

Ms. Leelawati Kumari Mr. Aman Vishal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Kutumba P.S. Case No. 90 of 2021 registered under sections 366A and 34 of the Indian Penal Code.

Allegation against the petitioner is that when the daughter of the informant went for nature call, he kidnapped her daughter for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.37964 of 2022(4) dt.16-03-2023 2/2 the statement of the victim was recorded under Section 164 of Cr.P.C, in which she does not whisper any complicity of the petitioner in this case. Further she stated that she solemnized court marriage with the petitioner out of her own sweet will and she inclines to live with him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 25.11.2021.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kutumba P.S. Case No. 90 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI-cum-Special Exclusive Judge (POCSO), Aurangabad, Bihar.

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