Dilchan Kumar @Dilchand Kumar @Dilchand Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40934 of 2024 Arising Out of PS. Case No.-646 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Dilchan Kumar @Dilchand Kumar @Dilchand Sada S/O Chand Sada R/O Village Nayanagar, Sutihar, Ward no 3, P.S. and Distt-Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalan Sada S/O Late Vimal Sada R/O Village Naya Nagar, Sutihar, Ward no.3, P.S. and Distt-Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with POCSO Case No 19 of 2024 arising out of Supaul P.S. Case No. 646 of 2023 under Sections 366 A, 504, 506 and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. The petitioner is named in the F.I.R and is in custody since 22.12.2023.

4. The allegation against the petitioner is to

Patna High Court CR. MISC. No.40934 of 2024(2) dt.11-06-2024 2/3 kidnap the minor daughter of the informant aged about 14 years for the purpose of marriage/illicit intercourse.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner was falsely implicated with the present case for the reason that love affairs of the petitioner with the daughter of informant was not approved by the family of victim including informant. It is submitted that as per statement of victim as recorded under Section 164 of Cr.P.C, it appears that she went alongwith petitioner out of her own sweet will and solemnized marriage and thus, completely denied the allegation of kidnapping. While concluding argument it is submitted that petitioner is a man of clean antecedent and moreover investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

Patna High Court CR. MISC. No.40934 of 2024(2) dt.11-06-2024 3/3

7. In view of the aforesaid facts and submissions and by taking note of statement of victim as recorded under Section 164 of the Cr.P.C., where she completely negate the allegation of kidnapping coupled with the facts, that charge-sheet has already submitted, accordingly petitioner above named, is directed to be released on bail in connection with Supaul P.S. Case No. 646 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned learned Addl. District & Sessions Judge-VI-Cum-Special Judge, POCSO Supaul/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T