Ansu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40225 of 2023 Arising Out of PS. Case No.-348 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== ANSU KUMAR S/O SUNATAN DAS R/O Village- Rulahi, P.S- Muffasil, Distt.- East Chamapran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the State :

Mr.Ashok Kumar Singh For the Informant/s :

Mr. Ashutosh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and Section 8 of the PCSSO Act.

3. The prosecution case, in brief, is that the informant alleged that her daughter, aged about 16 years, has been abducted by the petitioner on the pretext of solemnization of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded under section

Patna High Court CR. MISC. No.40225 of 2023(3) dt.07-08-2023 2/2 164 of Cr.P.C., wherein, she did not support the prosecution version and stated that she went from her home out of her own sweet will and solemnized marriage with the petitioner in a temple. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 13.5.2022.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 348 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Addl. Sessions Judge-cum-Special Judge, POCSO, East Champaran at Motihari.

(Sunil Kumar Panwar, J) Amandeep/- U T