Ashu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41789 of 2023 Arising Out of PS. Case No.-399 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Ashu Kumar Son Of Late Mahendra Prasad Resident Of Village - Pahal Bigha, P.S. - Kako, Distt. - Jehanabad ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Poonam Kumar Wife of Aashu Kumar Resident of village - Bhagwanpur, P.S. - Belaganj, Distt. - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarandha Suman For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Sections 4/6 of the POCSO Act.

It is alleged by the informant that minor daughter of the informant was abducted by the petitioner for marriage.

Patna High Court CR. MISC. No.41789 of 2023(3) dt.30-08-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she herself eloped with the petitioner and performed marriage with him in a temple. The petitioner is languishing in custody since 24.02.2023.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that victim was minor at the time of occurrence.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge-

Patna High Court CR. MISC. No.41789 of 2023(3) dt.30-08-2023 3/3 POCSO-cum-Additional District Judge-VIII, Gaya in connection with Belaganj P.S. Case No. 399 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T