Patna High CourtCR. MISC./47535/2023allowed

Sonu Kumar v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47535 of 2023 Arising Out of PS. Case No.-343 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== SONU KUMAR S/o- VIDESHI MAHTO @ VIDESHI PD. KUSHWAHA Village- Koraiya Ps- Ghorasahan Jharokhar Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 376, 420, 504 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per FIR, the informant alleged that the petitioner several times established physical relation with her on the false pretext of marriage.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. As per the statement

Patna High Court CR. MISC. No.47535 of 2023(5) dt.19-12-2023 2/2 of the victim recorded under Section 164 of the Cr.P.C., which is annexed as Annexure-P4, wherein she has stated that the she was in love with the petitioner and she has solemnized marriage with him and before marriage he has not committed any wrong with her. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ghorasahan Jharokhar P.S. Case No. 343 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 Additional Sessions Judge-cum Special Judge POCSO, Act East Champaran at Motihari. (Sunil Kumar Panwar, J) manishkumar/- U