Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63842 of 2024 Arising Out of PS. Case No.-251 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Nirmal Kumar S/O Bucho Ram R/O Village- Jhakhrahi, Supaul Nagar Parishad, Ward No. 27, P.S and Distt.- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranju Devi W/O Shyam Sundra Ram R/O Village- Jhakrahi, W.No. 27, Nagar Parisad, P.S and Distt.- Suapul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisu Zzoha, Adv.

For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Supaul P.S. Case No. 251 of 2024 dated 13.04.2024 registered for the offences punishable under Sections 363, 366A read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons along with 2-3 unknown miscreants are alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.63842 of 2024(4) dt.16-12-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The charge-sheet has been submitted against the petitioner. There was love affair between the petitioner and the victim. The petitioner has no concern with the alleged offence. As per statement recorded under Section 164 of the Cr.P.C., the victim was in love with the petitioner and she along with the petitioner went to Delhi and solemnized her marriage with the petitioner. The victim herself in her statement recorded under Section 161 of the Cr.P.C. has stated that she reached to Durga Temple and called the petitioner. Learned counsel has further submitted that there is nothing on record which shows that the victim was forced to have illicit intercourse with another person. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.04.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted 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 above-named, is directed to be enlarged on bail on furnishing

Patna High Court CR. MISC. No.63842 of 2024(4) dt.16-12-2024 3/3 bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI-cum-Special Judge, POCSO Court, Supaul in connection with Supaul P.S. Case No. 251 of 2024.

7. The application stands allowed.

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