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Patna High CourtCR. MISC./66458/2025allowed

Chandan Kumar @ Chandan Yadav v. The State Of Bihar

2025-12-01Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66458 of 2025 Arising Out of PS. Case No.-26 Year-2024 Thana- SHAHKUND District- Bhagalpur ====================================================== Chandan Kumar @ Chandan Yadav S/o Bijay Yadav Resident of villageOrachak, PS- Sajour, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Kumari W/o Manohar Yadav @ Mantu Yadav R/o vill - Kohalachak, Sah Araji Gobray, P.S.- Shahkud, Distt.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

Mr. Arjun Prasad, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP For the Opposite Party :

Mr. Vivekananda Vivek, Adv.

Mr. Rang Nath Pandey, Adv.

Mr. Debesh Kumar Poddar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A, 504, 506, 34 of the Indian Penal Code and section 4 of the POCSO Act.

3. The case of the prosecution in short is that the petitioner has kidnapped the minor daughter of the informant. During the course of investigation, victim has given her statement under section 183 of the B.N.S.S wherein she has stated that as she was beaten by her family members she went

Patna High Court CR. MISC. No.66458 of 2025(3) dt.01-12-2025 2/3 out of her house she has also mentioned that her family members have come to know regarding her relationship with Chandan and they were planning to kill both of them after that she went to Ludhiana with the petitioner where they solemnized marriage.

4. Learned counsel for the petitioner submits that a baby is also there out of their relation. Learned counsel for the informant is present and has submitted that it is rampant in the society that a minor girl are enticed and marriage is being solemnized, but the facts of this case is different here the victim herself has stated that she herself has gone with the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.06.2025.

5. Learned APP appearing for the State has vehemently 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 Shahkund (Sajour) P.S. Case No. 26 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.66458 of 2025(3) dt.01-12-2025 3/3 amount each to the satisfaction of learned Exclusive Special Judge (POCSO) cum District and Additional Sessions Judge VII, Bhagalpur.

(Ashok Kumar Pandey, J) Siddharth Soni/- U T