Kundan Ram @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48992 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- GAUNAHA District- West Champaran ====================================================== KUNDAN RAM @ KUNDAN KUMAR SON OF LATE TETAR RAM RESIDENT OF VILLAGE - PAKADI KALA, P.S. - GAUNAHA, P.O. - BELSANDI PANCHAYAT MATIYARIYA, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sujeet Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A), 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant for the purpose of marriage.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she went on her own sweet-will

Patna High Court CR. MISC. No.48992 of 2023(2) dt.10-08-2023 2/2 Kanyakumar, Delhi and Kerala and called this petitioner thereafter, solemnized Court marriage with him as well as with the consent of both guardian and a Marriage Certificate is annexed as annexure-3 with this petition. He further submitted that the victim girl does not whisper about the complicity of this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Gaunaha P.S. Case No. 245 of 2022.

(Sunil Kumar Panwar, J) arish/- U T