Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57032 of 2025 Arising Out of PS. Case No.-404 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Kundan Kumar S/O Bhagyanarayan Kushwaha @ Bhagyanarayan Prasad R/O Village- Bhawanipur, Ward No.- 4, P.S.-Sangrampur, District- East Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Gulabi Devi W/O Bagar Das R/O Village- Bhawanipur, Ward No.- 5, P.S.- Sangrampur, District- East Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP For the Informant :

Mr. Roop Kishan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sangrampur P.S. Case No. 404/2022 dated 05.12.2022 registered for the offence punishable u/s 366A read with Section 34 of the Indian Penal Code and Sections, 4, 6 and 8 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per Annexure-2, a compromise petitioner has been

Patna High Court CR. MISC. No.57032 of 2025(2) dt.20-08-2025 2/2 filed in the court of learned POCSO Act Judge for withdrawal of permission of this case. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The victim in her statement recorded u/s 164 of the Cr.P.C. has not supported the prosecution story. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.06.2025.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl. Learned counsel has further submitted that the victim is living with the petitioner's family.

6. 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, East Champaran, Motihari in connection with Sangrampur P.S. Case No. 404/2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T