Chandan Kumar @ Chandan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52283 of 2025 Arising Out of PS. Case No.-117 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Chandan Kumar @ Chandan Kumar Yadav, age about 25 years, Gender-Male, S/O Ramchandar Yadav @ Fahim Yadav R/O Village- Defra, Ward No.- 11, P.S- Gwalpara, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jagdhish Pd. Yadav, aged about 71 years, Male, S/O Late Ratan Pd. Yadav R/O Village- Shyam Ward No.-10, P.S- Gwalpara, Dist.- Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 363, 366(A), 376 and Section 4 of the POCSO Act.

3. As per allegation in the FIR, it is a case of kidnapping of a minor grand daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is love affair between the petitioner and the victim and both parties have themselves performed the marriage. Petitioner is in custody since 27.05.2025 and he has

Patna High Court CR. MISC. No.52283 of 2025(3) dt.15-10-2025 2/2 got no criminal antecedent as stated in para-3 of the petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of first information report, case diary and the statement of the victim girl recorded under Section 164 of the Cr.P.C., it appears that the victim girl herself voluntarily eloped with the petitioner and married him and they have already have a child out of this wed-lock and she in her statement herself states that no additional amount of pressure should be imposed on her husband and father-in-law, so let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, POCSO, Madhepura in connection with Gwalpara P.S. Case No.117 of 2022.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T