Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39462 of 2025 Arising Out of PS. Case No.-339 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Munna Kumar S/o Dinesh Paswan Resident of Nand Gola, Bharatpur Simli, P.S.- Malsalami, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandmuni Devi W/o Gopal Paswan R/o Bharatpur Simli, P.S-Malsalami, District-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Malsalami P.S. Case No. 339 of 2024 dated 24.07.2024 registered for the offences punishable under Section 96 of B.N.S. and the cognizance was taken u/s 96, 64(1) of B.N.S. and u/s 6 of POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant on the pretext of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The charge-sheet has been submitted against the

Patna High Court CR. MISC. No.39462 of 2025(2) dt.09-07-2025 2/2 petitioner. Learned counsel has further submitted that there is nothing on record which shows that the victim was forced/seduced to have illicit relationship with another person. The victim in her statement recorded under Section 164 of Cr.P.C. has stated that she is having love affair with the petitioner and she went with him with her own sweet will. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.08.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

6. 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, Patna in connection with Malsalami P.S. Case No. 339 of 2024.

7. The application stands allowed.

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