Patna High CourtCR. MISC./41719/2024bail granted

Akhilesh Kumar v. The State Of Bihar

2024-09-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41719 of 2024 Arising Out of PS. Case No.-442 Year-2018 Thana- MITHANPURA District- Muzaffarpur ====================================================== Akhilesh Kumar S/O NAWAL KISHORE RAI Resident of Village Narayanpur, P.S.- Saraiya, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Mithanpura P.S. Case No. 442 of 2018 for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 8/12 of the POCSO Act.

3. As per allegation, the accused persons including the petitioner kidnapped the daughter of the informant for the purpose of marriage.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that as a matter of fact, there was love and affection between the victim and the petitioner. When the informant came to know the real fact, he compromised the case. He has also submitted that as per school

Patna High Court CR. MISC. No.41719 of 2024(5) dt.26-09-2024 2/2 certificates, the victim is a major girl and the informant did not not support the case during the trial. He has next submitted that the petitioner is a person of clean antecedent and is under custody since 03.04.2024.

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

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeVI-cum-Special, Judge, POCSO-I, Muzaffarpur in connection with Mithanpura P.S. Case No. 442 of 2018, 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) Nirmal/- U T