Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64983 of 2024 Arising Out of PS. Case No.-70 Year-2023 Thana- KIUL District- Lakhisarai ====================================================== Bittu Kumar, S/o Angrej Mandal @ Angrez Mandal, R/o VillageMahadevnagar, P.S.- Kiul, Distt.- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranju Kumari, W/o Sanjay Bhagat, R/o vill - Pachham, P.S. - Kiul, Distt. - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Khushi Awadh, Advocatge Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code.

3. The case of the prosecution is that the minor daughter of the informant has gone for studies in the morning but she did not return till evening. The informant searched her and she came to know that the daughter has solemnized with Bittu Kumar (Petitioner).

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.64983 of 2024(3) dt.26-10-2024 2/2 committed no offence. He has been falsely implicated in this case. During course of investigation, the statement of the victim was recorded u/s 164 of the Cr.P.C. wherein she has stated that she has gone with her own will. The age of the victim as per school certificate is 17 years, 09 months and 19 days. It is a clear cut case of elopement. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 10.06.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO Act, Lakhisarai in connection with Kiul P.S. Case No.70 of 2023.

(Ashok Kumar Pandey, J) lata/- U T