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Patna High CourtCR. MISC./72527/2023allowed

Sonu Kumar @ Sonu Kumar Thakur v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72527 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== SONU KUMAR @ SONU KUMAR THAKUR Son of Late Mahesh Thakur R/o ward no. 6, Paharpur Chamrahara, Mahanar Road, P.s. - Mahnar, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Raj For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363 and 366A of the Indian Penal Code.

As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim has been recovered and as per her statement recorded under Section 164 of the Cr.P.C., which is annexed as Annexure-3, there was love affair between the victim and the petitioner and she went with the

Patna High Court CR. MISC. No.72527 of 2023(2) dt.29-11-2023 2/2 petitioner to Delhi to solemnize marriage out of her own sweet will and got solemnized marriage at "Arya Samaj Marriae Mandir". She has not raised any finger against the petitioner for any overt act. It is further submitted that victim is major as per her date of birth mentioned in her Adhar Card which was produced by her before the authorities at the temple at the time of marriage. It is also submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 22.03.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gardanibagh P.S. Case No. 241 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 A.D.J.-VI-cum-Special Judge(POCSO), Patna.

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