Chotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67490 of 2022 Arising Out of PS. Case No.-314 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== CHOTU KUMAR Son of Suresh Sah @ Sulednra Sah Resident of village - Rajoura Ward No.- 5, P.S.- Muffasil, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 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 section 366A, 341 IPC later on u/s 376 of IPC and u/s 4/8 of POCSO Act and u/s 3(i)(r)(s)(w), 3(2)(v) of SC/ST Act.

As per prosecution case, on 17.06.2022, informant alleged that the petitioner along with co-accused kidnapped her minor daughter for the purpose of ulterior motives. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per impugned order the statement of the victim recorded under Section 164 of Cr.P.C. in

Patna High Court CR. MISC. No.67490 of 2022(2) dt.22-03-2023 2/2 which she stated that she went with this petitioner with her own sweet will. After that they solemnized marriage in Hanuman Mandir at Patna. It is also submitted that victim is major and aged about 18 years which is annexed as Annexure-2. Petitioner has got no criminal antecedent rather he is languishing in judicial custody since 17.08.2022. 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 314 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 6th cum Special POCSO Act, Begusarai. (Sunil Kumar Panwar, J) Manish/- U T