Patna High CourtCR. MISC./65369/2023allowed

Rishi Kumar @ Sonu Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65369 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- BIND District- Nalanda ====================================================== RISHI KUMAR @ SONU KUMAR S/O ANIL RAJAK VILLAGETAJNIPUR, PS- BIND, DIST- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. The allegation against the petitioner is of abducting the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered. From the perusal of the impugned order, it appears that the statement of the victim has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she out of her sweet-will solemnized marriage with the co-accused Sonu. He further

Patna High Court CR. MISC. No.65369 of 2023(2) dt.13-10-2023 2/2 submitted that the victim girl does not whisper about the complicity of this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-Special Judge, (POCSO), Bihar Sharif in connection with Bind P.S. Case No. 49 of 2023.

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