Patna High CourtCR. MISC./56722/2023bail granted

Sunil Thakur v. The State Of Bihar

2023-08-30Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56722 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- KOTWA District- East Champaran ====================================================== SUNIL THAKUR SON OF YADOLAL THAKUR @ YADAVLAL THAKUR RESIDENT OF VILLAGE- JASAULIPATTI, PS- KOTWA, DISTT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Kotwa P.S. Case No. 96 of 2023 registered for the offence under Sections 363, 366A of the Indian Penal Code and 3(I) (r) (s), 3(2)(va) of the SC/ST Prevention of Atrocities Act and under Section 08 of the POCSO Act.

4. As per the prosecution case, the petitioner has kidnapped a minor girl with an intention of marriage.

5. Learned counsel for the petitioner submits that the girl has been recovered and the girl is also found to be major.

Patna High Court CR. MISC. No.56722 of 2023(2) dt.30-08-2023 2/2

6. Learned counsel for the petitioner further submits that in the statement of the girl recorded under Section 164 of the Cr.P.C., the girl has admitted that the petitioner and the girl had an affair and they got married in the temple.

7. Learned counsel for the petitioner also submits that the petitioner is in custody since 13.03.2023 without any fault.

8. Learned A.P.P. has vehemently opposed the prayer for bail.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. Let the petitioner, above named, 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 the learned of CJM, Motihari, East Champaran in connection with Kotwa P.S. Case No. 96 of 2023.

(Sandeep Kumar, J) Vikas/- U T