Patna High CourtCR. MISC./47646/2025bail granted

Amit Kumar Yadav v. The State Of Bihar

2025-08-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47646 of 2025 Arising Out of PS. Case No.-268 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Amit Kumar Yadav Son of Jangalal Yadav @ Jaglal Yadav Resident of Village- Sanpur PS -Bhakityarpur, Dist- Supaul ... ... Petitioner/s

Versus

The State of Bihar bihar 2.

Durganand Yadav S/O Radhe Yadav R/O - Naraiya Bandh, P.S. - Supaul, Dist - Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case No. 79/2024 arising out of Supaul P.S. Case No. 268/2024 dated 22.04.2024 registered for the offence punishable u/s 363, 366A read with Section 34 of the Indian Penal Code, Sections 9 and 11 of the Prohibition of Child Marriage Act and sections 4 and 6 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant by enticing her.

Patna High Court CR. MISC. No.47646 of 2025(3) dt.18-08-2025 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the parties. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The victim in her statement recorded u/s 164 of the Cr.P.C. has not supported the prosecution case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting 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, Supaul in connection with POCSO Case No. 79/2024 arising out of Supaul P.S. Case No. 268/2024.

7. The application stands allowed.

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