Patna High CourtCR. MISC./50778/2023bail granted

Mukesh Kumar @ Chhotu Ram v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50778 of 2023 Arising Out of PS. Case No.-697 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== MUKESH KUMAR @ CHHOTU RAM S/O PARO RAVIDAS R/O VILLAGE- TIKAPATTI, PS. TIKAPATTI, DIST. PURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Kahalgaon P.S. Case No. 697 of 2022 dated 16.07.2022, registered for the offences punishable u/ss 366A, 376 of the Indian Penal Code and Section 4 of POCSO Act.

4. As per the prosecution case, unknown miscreant is alleged to have kidnapped the minor daughter of the informant

Patna High Court CR. MISC. No.50778 of 2023(2) dt.17-08-2023 2/3 when she went to school for study.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. It is submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has stated that she was in love with Chhotu @ Mukesh for the last three years. It is further submitted that she was not forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.07.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur, in connection with Kahalgaon P.S. Case No. 697 of 2022.

Patna High Court CR. MISC. No.50778 of 2023(2) dt.17-08-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) vikashkr/alokU T