Sujal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67433 of 2025 Arising Out of PS. Case No.-429 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== Sujal Kumar, S/O Santosh Prasad, R/O Mohalla- Jhilganj Pahsi, P.S.- Kotwali, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munna Kumar, S/O late Sarju Prasad, R/O Mohalla- Naigodown First lane, near Rama Press, P.S.- Kotwali, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-09-2025 Heard Mr. Vinod Kumar, learned counsel for the petitioner and Mrs. Rita Verma, learned APP for the State.

2. The petitioner has prayed for bail in connection with Kotwali P.S. Case No. 429 of 2023 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.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. During course of investigation, the victim was recovered

Patna High Court CR. MISC. No.67433 of 2025(2) dt.17-09-2025 2/3 and from perusal of the order of the trial Court it is clear that the trial Court has recorded that in the statement under Section 164 of the Cr.P.C. the victim has stated that she was in love with this petitioner and she had gone with him on her own will. In this case, there is no allegation that the petitioner has subjected the victim to sexual intercourse. So this kind of assumptions should not be made. Moreover, the victim herself has stated that she has gone with the petitioner on her own will. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 29.02.2024.

5. Learned APP appearing for the State has vehemently opposed the application for bail has submitted that from perusal of the of order of the trial Court it also transpires that that the date of birth was 01.01.2008 and the trial Court has also recorded that medical examination report suggests intercourse in past may not be denied.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special

Patna High Court CR. MISC. No.67433 of 2025(2) dt.17-09-2025 3/3 Judge, POCSO-cum-A.D.J.-VI, Gaya in connection with Kotwali P.S. Case No. 429 of 2023.

(Ashok Kumar Pandey, J) lata/- U T