Patna High CourtCR. MISC./56245/2023allowed

Chhotu Kumar v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56245 of 2023 Arising Out of PS. Case No.-27 Year-2019 Thana- DHANARUA District- Patna ====================================================== CHHOTU KUMAR S/O KAMESHWAR BIND R/O VILLAGEPACHKESHAR, P.S- KARPI, DISTT.- ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365, 366, 366(A), 120B of the I.P.C. but chargesheet has been submitted u/s 363, 366(A) of the Indian Penal Code and Sections 4/6 of the POCSO Act.

3. The prosecution case has been registered against the petitioner and others in connection with the kidnapping of the informant's minor daughter, aged about 15 years, on the pretext of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics.

Patna High Court CR. MISC. No.56245 of 2023(4) dt.17-10-2023 2/2 The victim was recovered and her statement has been recorded u/s 164 of the Cr.P.C. in which she stated the she went from her house with the petitioner and solemnized marriage with him out of her own sweet will. The victim stated her age about 22 years and she blessed with two children from the petitioner. The petitioner has got no criminal antecedent and languishing in judicial custody since 14.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him bail. The above named petitioner is directed to be released on bail in connection with Dhanarua P.S. Case No. 27 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VII-cum-Exclusive Special Judge, POCSO, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T