Vishal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62025 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- NAUHATTA District- Saharsa ====================================================== Vishal Kumar Singh S/o- Bablu Singh @ Ashutosh Kumar Singh VillageShahidih, P.S.- Nauhatta, District- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Devi W/o- Dinesh Chaudhary Village- Nauhatta W.No-8, PsNauhatta Dist- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Murari Mishra, Adv For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2024 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 Nauhatta P.S. Case No. 292 of 2023 dated 27.12.2023 registered for the offences punishable u/s 363 and 366A read with section 34 of the Indian Penal Code and Section 8, 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is 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.62025 of 2024(2) dt.11-09-2024 2/3 this case. It is further submitted that there was love affair between the victim girl and the petitioner. As per the statement recorded under Section 164 of the Cr.P.C., the victim left her home and solemnized marriage with the petitioner on her own will. It is further submitted that the victim was not forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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 Nauhatta P.S. Case No. 292 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.62025 of 2024(2) dt.11-09-2024 3/3

7. The application stands allowed.

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