Sunny Kumar @ Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51613 of 2023 Arising Out of PS. Case No.-27 Year-2021 Thana- MUNGER MUFFASIL District- Munger ====================================================== Sunny Kumar @ Sanni Kumar Son Of Kamaleshwari Prasad Singh Resident Of Village - Dhautal Mahto Tola, P.S. - Muffasil, District - Munger ... ... Petitioner/s

Versus

The State Of Bihar , Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeeb Kumar Sanju For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 147, 448, 347, 366(A), 354(B), 354(C ), 323 of the Indian Penal Code and Section 8 of the POCSO Act.

Prosecution case relates to abduction of minor daughter of the informant by the accused persons including the petitioner and took her away to the house of Rahul Kumar on gun point and forcibly solemnized marriage and locked them in a room. On hulla being raised by the victim girl, nearby people and informant gathered there and saved

Patna High Court CR. MISC. No.51613 of 2023(2) dt.11-08-2023 2/3 the modesty of the victim and got her free from their clutches.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of abduction and marriage is against co-accused Rahul Kumar and not against the petitioner. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has not raised any finger against the petitioner for any overt act. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 15.02.2023 passed in Cr. Misc. No. 59817 of 2022. Petitioner has got no criminal antecedent and languishing in judicial custody since 6.4.2023.

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)

Patna High Court CR. MISC. No.51613 of 2023(2) dt.11-08-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Judge (POCSO) Act-cumAdditional Sessions Judge VI, Munger in POCSO Case No. 34 of 2023 arising out of Muffasil PS Case No. 27/21/27A/21.

(Sunil Kumar Panwar, J) sushma2203/- U