Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37884 of 2025 Arising Out of PS. Case No.-127 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Santosh Kumar S/o- Laxman Das, Resident of Village- Rulahi, P.S- Muffasil Dist- East Champaran.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Nazma Khatoon W/o Seraj Ahmad Resident of Village- Jai Singh Pur, Bechu Tola, P.S- Turkauriya, Dist- East Champaran.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2025 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 Turkauliya P.S. Case No. 127 of 2025, dated 25.03.2025 registered for the offences punishable under Sections 126(2), 115(2), 87 and 96 of the BNS and under Section 8 of POCSO Act.

3. As per the prosecution case, on 25.03.2025, one month ago the petitioner fled away with the minor daughter of the informant and today he appeared near Turkauliya Chowk and he was brought before the Police Station. It is further alleged that on previous occasion also a case was lodged against

Patna High Court CR. MISC. No.37884 of 2025(2) dt.24-06-2025 2/3 the petitioner in which kidnapping was involved.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. The victim girl was recovered and her statement was recorded under Section 183 of the BNSS in which she has not stated anything adverse against the petitioner. As per the letter of Child Welfare Committe, Dist.- East Champaran, Motihari dated 02.05.2025, the victim girl, whose date of birth is 01.05.2007 (school certificate) has got major and she wishes to go with the sister of petitioner and does not want to go with her parents. The petitioner carries one criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 26.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty

Patna High Court CR. MISC. No.37884 of 2025(2) dt.24-06-2025 3/3 Thousand Only) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cumExclusive Special Judge, POCSO Act, East Champaran, Motihari, in connection with Turkauliya P.S. Case No. 127 of 2025.

7. The application stands allowed.

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