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Patna High CourtCR. MISC./68137/2023allowed

Karan Kumar v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68137 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Karan Kumar son of Lakshman Prasad Village- W.No-6, Gandhi Nagar PsChanpatia Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 366(A), 34 of the Indian Penal Code and Sections 8, 12 of the POCSO Act.

It is a case of commission of kidnapping of the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.68137 of 2023(3) dt.05-01-2024 2/3 been implicated in this case. For the alleged occurrence of 10.03.2023, the F.I.R was registered on 14.03.2023 without explaining the delay. The petitioner and the victim girl were in love with each other and the victim girl has accepted in her statement recorded under Section 164 Cr.P.C that she of her own good-will eloped with the petitioner and solemnized marriage with the petitioner. The petitioner is languishing in custody since 17.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, POSCO-cum-Additional District Judge-VI, West

Patna High Court CR. MISC. No.68137 of 2023(3) dt.05-01-2024 3/3 Champaran, Bettiah in connection with Chanpatia P.S. Case No. 149 of 2023.

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