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Patna High CourtCR. MISC./54974/2024bail granted

Sunil Kumar @ Sunil Paswan v. The State Of Bihar

2024-08-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54974 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Sunil Kumar @ Sunil Paswan son of Fucho Paswan Village- Israin Kala PsKumarkhand Dist- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ganesh Paswan son of Late Kailu Paswan Village- Rajeshwari PsChhatapur Rajeshwari OP Dist- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Chhatapur P.S. Case No. 423 of 2023 for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code adn Section 8, 17 of the Protection of Children from Sexual Offence (POCSO) Act, 2012.

3. As per allegation, the accused persons including the petitioner kidnapped the minor daughter of the informant, with an intention to marry her.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the victim, in her

Patna High Court CR. MISC. No.54974 of 2024(2) dt.13-08-2024 2/2 statement under 164 of the Cr.P.C. has stated that she solemnize marriage with the petitioner with her own sweet will. The petitioner is a person of clean antecedent and is under custody since 03.12.2023.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeVI-cum-Special Judge, POCSO Court, Supaul in connection with Chhatapur P.S. Case No. 423 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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