Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59326 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== MANISH KUMAR Son of Keshwar Mahto @ Khadi Mahto Resident of Village - Parsa Kala, P.S.- Sonebarsa, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Sonebarsa P.S. Case No. 03 of 2021 registered for offence punishable under sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per allegation, the petitioner and other accused persons enticed away the minor daughter of the informant. The learned counsel for the petitioner has submitted that though the victim has stated about complicity of the present petitioner, but as a matter of fact, the petitioner and the victim are in love and affection. He has submitted further that the victim is

Patna High Court CR. MISC. No.59326 of 2021(3) dt.12-09-2022 2/2 still residing with the petitioner.

Considering the above-mentioned facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail provisionally for three months on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Sitamarhi in connection with Sonebarsa P.S. Case No. 03 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. In the meantime, the learned court below shall ascertain the fact whether the victim is residing with the petitioner or not and if it is found that she is residing with the petitioner, the provisional bail of the petitioner shall be confirmed by the court below itself.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T