Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1590 of 2021 Arising Out of PS. Case No.-175 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== MONU KUMAR S/o Late Mukesh Chaudhary @ Makun Chaudhary Resident of Village- Simpur, P.S.- Haveli Kharagpur, Distt- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the informant :

Mr. Pawan Kumar Singh, Advocate For the State :

Mr. Dilip Kumar No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2021 Heard Mr. Nawal Kishore Singh, learned counsel for the petitioner, Mr. Pawan Kumar Singh, learned counsel for the informant and Mr. Dilip Kumar No.1, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Kharagpur P.S. Case No. 175 of 2020 registered for the offence punishable under Section 366(A) of the Indian Penal Code 1860 and Section 8 of POCSO Act.

The allegation against the petitioner as per the First Information Report is that he kidnapped the minor daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.1590 of 2021(2) dt.07-04-2021 2/3 and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that there was love affair between the petitioner and the victim girl and the the victim girl in her statement recorded under Section 164 Cr. P.C. has categorically stated that she has solemnized marriage with the petitioner and had left her house voluntarily on her free will. Learned counsel referring to deposition of the victim girl during course of trial at Annexure-2 submits that the victim girl has specifically stated that she was not abducted and she had gone along with the petitioner on her free will and voluntarily. Learned counsel next submits that the petitioner is in custody since 17.07.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the statement of the victim girl recorded under Section 164 Cr. P.C. and before the trial court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI cum Special Judge, POCSO Act, Munger, in connection with Kharagpur P.S. Case No. 175

Patna High Court CR. MISC. No.1590 of 2021(2) dt.07-04-2021 3/3 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T