Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39970 of 2023 Arising Out of PS. Case No.-39 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== SUBODH KUMAR Son of Rajesh Chaudhary Resident of Village - Baikatpur, P.S.- Ariyari, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Ariyari P.S. Case No. 39 of 2022 dated 20.2.2022 registered for the offence punishable u/s 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

As per the prosecution case, the petitioner is alleged

Patna High Court CR. MISC. No.39970 of 2023(2) dt.12-07-2023 2/3 to have kidnapped the minor daughter of the informant by enticing her for the purpose of marriage.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There was love affair between the parties. Learned counsel has further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has stated that she went with the petitioner but she has not stated that she was forced to have illicit relationship with another. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.2.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the Medical Board has assessed the age of the victim as 16-17 years.

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, Sheikhpura in connection with POCSO Case No. 10 of 2022 arising out of Ariyari P.S. Case No. 39 of 2022.

Patna High Court CR. MISC. No.39970 of 2023(2) dt.12-07-2023 3/3 The application stands allowed.

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