Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39618 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- GAUNAHA District- West Champaran ====================================================== MUKESH KUMAR, son of Rajesh Hajara, Village- Semri Dumari PsGaunaha Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Advocate For the State :

Mr. Lalan Kumar, APP ====================================================== 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 Gaunaha P.S. Case No. 42 of 2023 dated 14.03.2023 registered for the offences punishable u/s 366A and 363 of the Indian Penal Code and section 8 of the POCSO Act.

As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant by enticing her for the purpose of marriage or with bad intention.

Patna High Court CR. MISC. No.39618 of 2023(2) dt.12-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded under section 164 of Cr.P.C. has not stated any thing against the petitioner. He has further submitted that there was love affairs between the victim and the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.02.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. 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, West Champaran, Bettiah in connection with Gaunaha P.S. Case No. 42 of 2023.

The application stands allowed.

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