Suchit Kumar @ Somit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65977 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== SUCHIT KUMAR @ SOMIT KUMAR YADAV SON OF JAWAHIR YDAV R/O VILLAGE- PARAS BAHUARWA, MANGANI TOLA, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-04-2023 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 Nautan P.S. Case No. 206 of 2022, registered for the offences punishable under Sections 363/366(A) of the IPC and under Section 8 of the POCSO Act.

As per allegation, the petitioner kidnapped the victim girl, who is a minor.

The learned counsel for the petitioner has submitted that the the petitioner is innocent. The victim in her statement under Section 161 of the Cr.P.C. has stated that she went with the petitioner with her own sweet will. She has solemnized marriage with the petitioner. In her statement under Section 164 of the Cr.P.C. also, she did not support the prosecution version and has stated that none had kidnapped her. She went with the petitioner with her own sweet will as she was

Patna High Court CR. MISC. No.65977 of 2022(3) dt.05-04-2023 2/2 in love and affection with the petitioner. The petitioner is under custody since 19.04.2022.

Considering the clean antecedents as well as the period of detention, 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 District Judge VI Cum Special Judge POCSO, West Champaran, Bettiah in connection with Nautan P.S. Case No. 206 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