Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60813 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- BARUN District- Aurangabad ====================================================== Bipin Kumar S/O Birendra Paswan @ Vijendra Paswan R/O VillageDhanauti, Ps. Barun, Dist. Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code and Sections 8, 12 of the POCSO Act.

It is alleged against the petitioner that he kidnapped the minor daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.60813 of 2023(3) dt.02-11-2023 2/3 been implicated in this case. The petitioner and the victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she herself eloped with the petitioner. The victim did not allege any physical or forceful sexual assault against the petitioner and stated that she wants to solemnized marriage with the petitioner. The petitioner is languishing in custody since 09.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Exclusive Special Judge, POCSO Act,

Patna High Court CR. MISC. No.60813 of 2023(3) dt.02-11-2023 3/3 Aurangabad in connection with Barun P.S. Case No. 171 of 2023.

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