Sarwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62489 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- KAJRAILI District- Bhagalpur ====================================================== Sarwan Kumar Son Of Late Khugal Paswan Resident Of Village - Kumrath, Police Station - Kajraili, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 Section363, 366 of the Indian Penal Code and Sections 4/8 of the POCSO Act.

It is a case of commission of kidnapping of the minor daughter of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the victim girl were in love with each other and the victim

Patna High Court CR. MISC. No.62489 of 2023(3) dt.18-12-2023 2/2 girl has accepted in her statement recorded under Section 164 Cr.P.C that she of her own good-will eloped with the petitioner and solemnized marriage with him. The petitioner is languishing in custody since 24.04.2023. 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 District & Sessions Judge-VI, Bhagalpur in connection with Kajraili P.S. Case No. 82 of 2022.

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