Sudama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39424 of 2025 Arising Out of PS. Case No.-66 Year-2022 Thana- KAKO District- Jehanabad ====================================================== Sudama Kumar S/o Bindeshwar Yadav R/o Village- Kanak Bigha, PS- Kako (Bhelawar), Distt- Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Meena Devi W/o Rajkumar Pandey R/o vill - Dharampur, P.s.- Kako (Bhelawar), Distt.- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in para 3 of the bail petition.

3. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case No. 37 of 2022 arising out of Kako (Bhelawar O.P.) P.S. Case No. 66/2022 dated 12.04.2022 registered for the offences punishable u/ss 366, 366A, 376(3), 368 read with section 34 of the Indian Penal Code and section 4 and 17 of the POCSO Act.

4 As per the prosecution case, the petitioner is

Patna High Court CR. MISC. No.39424 of 2025(3) dt.20-08-2025 2/3 alleged to have kidnapped the minor daughter of the informant for the purpose of wrong doing.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is love affair between the petitioner and the victim girl and the victim has already solemnized marriage with the petitioner on her own sweet will. The victim in her statement recorded u/s 183 of the BNSS has stated that she went with the petitioner on her own will. There is nothing on record which shows that the victim was forced or seduced to have illicit relationship with another person. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.01.2025.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Jehanabad in connection with POCSO Case No. 37 of 2022 arising out of Kako (Bhelawar O.P.) P.S. Case

Patna High Court CR. MISC. No.39424 of 2025(3) dt.20-08-2025 3/3 No. 66/2022.

8. The application stands allowed.

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