Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71917 of 2024 Arising Out of PS. Case No.-408 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Rocky Kumar, S/o- Janardhan Paswan, R/o vill- Ahiyachak, P.S.- Bind DistNalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aklesh Sharma, Son of Ramji Thakur, R/o Vill- Ahiyachak P.S.- Bind DistNalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and Mr. Satya Nand Shukla, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 366(A) of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant. During course of investigation the victim was recovered and she has stated that she was knowing the petitioner from two years. The petitioner took her to Jalandhar in the year 2023. When the father of the victim filed a case, Rocky (petitioner) brought her to Bihar. On 29.04.2023, when the victim has gone to purchase pen, Rocky again took her to Jalandhar. She lived there with Rocky.

Patna High Court CR. MISC. No.71917 of 2024(8) dt.02-04-2025 2/2

4. Learned counsel for the petitioner has submitted that the petitioner and victim have solemnized marriage and they are also having a issue. During medical examination, the age of the victim was not determined by the Doctor. Learned counsel has filed supplementary affidavit and has filed a Addhar of the victim which goes to show that the victim was major at the time of the occurrence. The petitioner is in custody since 02.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering 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 released on bail in connection with Bihar P.S. Case No. 408 of 2023 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Session Judge-II-cum-Special Judge (POCSO), Nalanda (Biharshariff). (Ashok Kumar Pandey, J) durgesh/- U T