Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67653 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Bittu Kumar S/O Amar Kamat @ Amar Bishwas R/O Village- Dehad, Ward No. 2, P.S- Sonvarsha Raj, Distt.- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Chandrakishore Shah, S/O Arjun Shah R/O Vilaage Mohanpur, Ward no. - 14, Dehd, P.S. - Sonbarsa Raj, Dist. - Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajnish Kumar Singh Rajnish Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sonvarsha Raj P.S. Case No. 98/2023 dated 02.05.2023 registered for the offence punishable u/s 363, 366A of the Indian Penal Code and Section 8 and 12 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

Patna High Court CR. MISC. No.67653 of 2024(7) dt.15-07-2025 2/2 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 stated that she has solemnized marriage with the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

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, Saharsa in connection with Sonvarsha Raj P.S. Case No. 98/2023.

7. The application stands allowed.

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