Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66108 of 2022 Arising Out of PS. Case No.-96 Year-2022 Thana- CHANDRADIP District- Jamui ====================================================== SHIVAM KUMAR Son of Late Sunil Chaudhary Resident of village - Jailay (Sagma), P.S.- Sikandara, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Chandradeep P.S. Case No. 96 of 2022 registered for the offences punishable under Section 366(A)/34 of the Indian Penal Code and Section 8 of POCSO Act.

As per the prosecution, the informant's minor daughter aged about 15 years was kidnapped by this petitioner along with his accomplices with the intention to marry her. It is submitted by learned counsel for the petitioner that the petitioner's trial has started and the victim has been examined and she has not levelled any type of allegation against the petitioner, the certified copy of the deposition of the victim is available with him and the same may be perused and

Patna High Court CR. MISC. No.66108 of 2022(2) dt.25-02-2023 2/2 the petitioner has fair and clean antecedent and has been languishing in jail since 13.06.2022.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above and mainly considering the petitioner's fair and clean antecedent and his custody period and also the stage of his trial, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner 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 concerned Court in connection with Chandradeep P.S. Case No. 96 of 2022.

(Shailendra Singh, J) Rajiv/- U T