Guddu Kumar @ Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74759 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Guddu Kumar @ Saurabh Kumar S/o Jodhi Rai @ Ram Ayodhya Rai, Resident of Village- Narha, P.S.- Rajepur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sita Devi W/o Sukhari Rai, R/o Village- Narha, P.S- Rajepur, Distt.- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Rajepur P.S. Case No.264 of 2023, registered for the offences punishable under Sections 363/365 of the Indian Penal Code later on Section 8 of POCSO Act has also been added.

3. As per the prosecution case, the daughter of informant married to one Rakesh Kumar on 18.02.2023 but after few days of marriage she started living in her parental house, in the meantime she had developed relationship with someone. On 06.11.2023 while the informant went to work on his field in the meantime her daughter run away from home with someone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.74759 of 2024(3) dt.18-12-2024 2/2 case. He further submits that the petitioner and victim are relatives as petitioner is brother-in-law (Devar) of sister of victim. Learned counsel submits that the victim in her statement recorded under Section 164 of Cr.P.C. has stated that she and petitioner were in love affair with each other and she left her parental house by her own sweet will. He further submits that petitioner has clean antecedent and he is in custody since 01.07.2024 and he undertakes to cooperate in the investigation.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari in connection with Rajepur P.S. Case No.264 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T