Patna High CourtCR. MISC./67969/2023disposed

Nilesh Kumar v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67969 of 2023 Arising Out of PS. Case No.-482 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== NILESH KUMAR SON OF ARBIND RAI VILLAGE- BAASDEO PATTI, PS- SARAIYA, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

2. The petitioner is in custody in connection with Lalganj P.S. Case No. 482 of 2022, POCSO G.R. No. 18 of 2023 for the offence under Sections 365, 366, 34 of the Indian Penal Code.

3. As per prosecution, petitioner is said to have kidnapped the victim girl.

4. Learned counsel for the petitioner submits that petitioner is in custody since 16.01.2023. He further submits that petitioner and victim girl was relationship with each other and they have got married. He further submits that victim girl is staying with the petitioner's family.

5. Considering the aforesaid facts, the petitioner, named above, is directed to be released on bail on furnishing

Patna High Court CR. MISC. No.67969 of 2023(2) dt.18-10-2023 2/2 bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Addl. District and Sessions Judge-VI-cum- Exclusive Special Judge, POCSO, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 482 of 2022, POCSO G.R. No. 18 of 2023.

6. The Court below is directed to verify the fact as to whether the victim girl is staying together with the petitioner's family or with the informant's family. If the victim girl is found staying with petitioner's family, the bail bond of the petitioner shall be accepted. If the victim girl is found staying with informant's family then the bail bond of the petitioner shall not be accepted and the matter will be reported back to this Court.

7. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Harsh/ U T