Kishan Kumar @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62129 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== KISHAN KUMAR @ KRISHNA KUMAR Son of Bindeshwar Raut R/vChainpura, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Lalan Kumar For the Informant :

Mr.Ritesh Kumar Narain Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Bathnaha P.S. Case No. 116 of 2022, registered for the offences punishable under Sections 363, 366(A), 504, 34 of the Indian Penal Code and section 8 of POCSO Act. The learned counsel for the petitioner has submitted that though there is allegation on the petitioner that he kidnapped the minor daughter of the informant, but the statement of the victim under Section 164 of the Cr.P.C. has been recorded, in which she has stated that she was in love and affection with the petitioner. She has solemnized marriage with him.

The learned counsel for the informant has submitted

Patna High Court CR. MISC. No.62129 of 2022(3) dt.17-04-2023 2/2 that the marriage between the petitioner and the daughter of the informant has been solemnized, to which the learned APP for the State has fairly conceded.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI-cum-Special Judge (POCSO Act), Sitamarhi in connection with Bathnaha P.S. Case No. 116 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T