Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3283 of 2021 Arising Out of PS. Case No.-463 Year-2020 Thana- MAHUA District- Vaishali ====================================================== SONU KUMAR, Son of Yogendra Prasad Singh, Resident of Village - Supaul Tariya, P.S. - Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor, Advocate.

For the Opposite Party/s :

Mr. Aslam Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 366A and 342/34 of the Indian Penal Code and Section 8 of the POCSO Act. Petitioner is in custody since 18.08.2020.

In the statement under Section 164 Cr.P.C., the victim alleged that the petitioner and two others had kidnapped her and she was kept in a room in the house of the petitioner. However nothing more is alleged.

Learned counsel for the petitioner submits that the victim was getting tuition with the petitioner and during investigation it has come that there was love affairs between the two. No doubt from the available evidence, it is evident that the victim was a minor, but no other allegation is there against the petitioner and investigation of the case is already complete.

Patna High Court CR. MISC. No.3283 of 2021(5) dt.05-07-2021 2/2 Hence, let the petitioner who is in custody since 18.08.2020, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mahua P.S. Case No. 463 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T