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Patna High CourtCR. MISC./45847/2023allowed

Krishna Kumar Gupta v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45847 of 2023 Arising Out of PS. Case No.-34 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== Krishna Kumar Gupta S/O Late Amresh Gupta R/O VillageMatiyrva(Bhakua), P.S- Khajauli, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 366A, 504, 363, 506, 34 of the Indian Penal Code and Section 8 of the POCSO Act.

It is alleged by the informant that her minor daughter was kidnapped by the petitioner and other accused persons for forcefully solemnizing marriage. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.45847 of 2023(2) dt.04-08-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 24.02.2022, the F.I.R was registered on 09.03.2022 without explaining the delay. The victim in her 164 Cr.P.C statement has stated that she of her own went along with the petitioner to Nepal and solemnized marriage with him. The petitioner is languishing in custody since 28.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

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 Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Madhubani in

Patna High Court CR. MISC. No.45847 of 2023(2) dt.04-08-2023 3/3 connection with Khajauli P.S. Case No. 34 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T