Pravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76576 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Pravesh Kumar Son of Dileep Kumar Mandal @ Dileep Mandal VillageBanshipur, Ps- Kahalgaon, Dist- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajay Mandal son of Bishundeo Mandal village- Masadhu Ward no. 02, PsSabour, Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Informant/s :

Mr. Dhramveer, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner; learned counsel for the informant Mr. Dhramveer 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 POCSO Act.

3. The case of the prosecution is that the daughter of the informant told her that she is on zero mile chowk and Pravesh has called her. It is further alleged that Pravesh Kumar and the daughter of the informant was in relation outside marriage. She reached zero mile on the call of Pravesh Kumar and from there Pravesh Kumar took her to Budhanath Temple for solemnising

Patna High Court CR. MISC. No.76576 of 2024(3) dt.23-01-2025 2/3 marriage. After that he took her to an apartment and there he established physical relation with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. During course of investigation, the victim was recovered and she has supported the case of the prosecution. It is also submitted that due to misconception, the case was filed against Pravesh. It is further submitted that the petitioner is languishing in judicial custody since 27.04.2024.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submits that the real fact is that the victim was having affair with Pravesh Kumar and Alok and she has solemnized marriage with Alok and she is not willing to continue to the case.

6.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 POCSO P.S. Case No. 114 of 2024 arising out of Industrial P.S. Case No. 86 of 2024 on

Patna High Court CR. MISC. No.76576 of 2024(3) dt.23-01-2025 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Vith-Cum-Exclusive Special Judge, POCSO, Bhagalpur.

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