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Patna High CourtCR. MISC./50793/2023allowed

Pintu Kumar Pandit v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50793 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- ISUAPUR District- Saran ====================================================== Pintu Kumar Pandit Son Of Vaijnath Pandit Resident Of Village- Doila, PsIshuapur, Dist- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 366(A), 376 of the Indian Penal Code. As per allegation in the FIR, while daughter of the informant has gone to local market, petitioner and his brother have abducted her with intention to marry her. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl has got recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet will, she has eloped from her house and performed marriage

Patna High Court CR. MISC. No.50793 of 2023(3) dt.20-09-2023 2/2 with the petitioner and she is leading happy married life with him. She has not raised any finger against the petitioner for any offence. Age of the daughter of the informant has been accessed as 18 years by the lower court. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 22.3.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 6th Additional Sessions Judge-cum-Special Judge (POCSO) Act, Saran at Chapra in connection with Ishuapur P.S. Case No. 72 of 2023.

(Sunil Kumar Panwar, J) sushma/- U