Patna High CourtCR. MISC./46335/2024bail granted

Punit Kumar v. The State Of Bihar

2024-07-04Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46335 of 2024 Arising Out of PS. Case No.-179 Year-2020 Thana- PIPRA District- East Champaran ====================================================== Punit Kumar son of Jagranath Mahto @ Nathu Mahto Village- Surujpur Bagha Tola Ps- Jiwdhara Ps- Piprakothi Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Achhelal Mahto son of Late Chandradeo Mahto Village- Suryapur Bagha Tola Ps- Piparakothi Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-363, 366(A)/34 of the Indian Penal Code and Section-8 of the POCSO Act.

3. As per allegation, father of the victim has lodged a case against the petitioner for kidnapping of his daughter.

4. It has been submitted on behalf of the petitioner that the victim has filed a case u/S 125 of the Cr. P.C. being Maintenance Case No. 183 of 2023 which is pending in the court of Principal Judge, Family Court, Bettiah,West Champaran which shows that she is legally wedded of wife of

Patna High Court CR. MISC. No.46335 of 2024(2) dt.04-07-2024 2/2 the petitioner. In that maintenance case, a compromise has also been arrived at between the parties.

5. On the other hand, learned APP has opposed the prayer for bail.

6. Considering the fact that the victim herself has filed a maintenance case against the petitioner, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIcum-Special Judge, POCSO, East Champaran at Motihari in connection with Trial No. 02 of 2024 arising out of Piprakothi P.S. Case No. 179 of 2020 with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T