Bimal Kumar @ Vimal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62234 of 2022 Arising Out of PS. Case No.-127 Year-2020 Thana- JALALGARH District- Purnia ====================================================== Bimal Kumar @ Vimal Kumar S/O Yoga Rishi @ Yogendra Rishi R/O Village- Hasailli Katti Balua, P.S- K Nagar, District- Purnea ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A), 504, 506/34 of the Indian Penal Code.

The prosecution case in nutshell is that minor daughter of informant went to cut grass in the field but did not return. On search it came to know that petitioner has enticed away her daughter for the purpose of solemnization of marriage.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.62234 of 2022(3) dt.22-03-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is an inordinate delay of more than 20 days in lodging the F.I.R. The petitioner has stated in her statement, recorded under Section 164 of Cr.P.C., that the petitioner has taken her away by motorcycle and kept her confined in the house of his maternal aunt(Mousi) and thereafter he fled away. There is no allegation of commission of wrong with the victim by the petitioner. Moreover, the petitioner is languishing in judicial custody since 8.6.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.62234 of 2022(3) dt.22-03-2023 3/3 bail in connection with Jalalgarh P.S. Case No. 127 of 2020 (Special POCSO Case No. 74 of 2022) on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge VI-cum-Special Judge (POCSO), Purnia.

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