Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70172 of 2022 Arising Out of PS. Case No.-106 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== Deepak Kumar, Son of Ram Babu Das R/v- Maniyari, Ward No. 13, P.S.- Suppi, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Sharma, Adv.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== 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, 366A/34 of the Indian Penal Code read and Section 8 of the POCSO Act.

The allegation against the petitioner along with others is of kidnapping the minor daughter of the informant with an intention to marry with her.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He submitted that the victim girl has stated in her statement which has recorded under Section 164 of the Cr.P.C., that she solemnized marriage with Sidharth Kumar of

Patna High Court CR. MISC. No.70172 of 2022(3) dt.22-03-2023 2/2 her sweet will. She also stated that there is no any involvement of this petitioner in the alleged crime, the petitioner is the Bhanja of my husband. He has not committed any crime. The petitioner has no criminal antecedent as mentioned in para-3 of the bail application. It is also submitted that petitioner is languishing in judicial custody since 18.09.2021. 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, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Suppi P.S. Case No. 106 of 2021 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 Sessions Judge-VI-cum-Special Judge, POCSO Act, Sitamarhi.

(Sunil Kumar Panwar, J) Arish/- U