Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66735 of 2023 Arising Out of PS. Case No.-486 Year-2022 Thana- PAKARIBARAW District- Nawada ====================================================== Dilip Kumar, Son Of Dhirendra Prasad @ Devendra Pd. Resident of Village - Gupta Market Gali, Machli Gali, Rukunpur, P.S. - Hawai Adda, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ansul, Advocate Mr. Nafisuzzoha, Advocate Ms. Rabia Gulnaz, Advocate For the Opposite Party :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2023 Heard Sri Ansul, learned counsel for the petitioner and Sri Binod Kumar, learned APP for the State. 2.

This application for grant of regular bail arises out of Pakaribaraw (Dhamoul) P.S. Case No.486 of 2022 registered for the offence punishable under Sections 363, 366-A, 376(C), 370(A) of the Indian Penal Code, under Sections 4, 5 and 6 of the Human Trafficking Act, under Section 4 and 7 of the POCSO Act, 2012 and under Sections 9 and 10 of the Child Marriage Prohibition Act.

3.

The petitioner and others are said to have taken the victim girl and got her married to one Chandra Pakash Yadav at Kota.

4.

Some of the accused persons namely, Putul Devi @ Sunita Devi @ Mira Devi and Azad Kumar have been granted bail by a co-ordinate Bench of this Court vide orders dated 07.08.2023 and 26.07.2023 passed in Criminal

Patna High Court CR. MISC. No.66735 of 2023(3) dt.06-12-2023 2/2 Miscellaneous No.41343 of 2023 and Criminal Miscellaneous No.15917 of 2023 respectively. The petitioner is in custody since 10.01.2023 and he has clean antecedent. Though the petitioner is named in the statement of the victim girl recorded under Section 161 of the Cr.P.C. but he is not named in the statement of the victim girl recorded under Section 164 of the Cr.P.C.

5.

Considering the aforesaid facts, this application is allowed.

6.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VI, Nawada, in connection with Pakaribaraw (Dhamoul) P.S. Case No.486 of 2022.

7.

This is also subject to the condition that the petitioner shall mark his presence in Hawai Adda Police Station, District- Patna on first and third Sunday of every month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) pawan/- U