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Patna High CourtCR. MISC./69684/2022allowed

Sonu Kumar v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69684 of 2022 Arising Out of PS. Case No.-570 Year-2021 Thana- KOTWALI District- Munger ====================================================== SONU KUMAR Son of Bijli Yadav R/v- Sharwan Bazar, P.S.- Kotwali, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 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 366(A), 34 of the Indian Penal Code.

As per prosecution case, the informant alleged that on 9.12.2021, his daughter had gone out without telling anyone and did not return home till evening. During search, the petitioner had abducted his daughter on the pretext of solemnization of marriage.

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 stated in her statement recorded under section 164 of Cr.P.C. that she went with the petitioner with her own sweet will and also solemnized

Patna High Court CR. MISC. No.69684 of 2022(2) dt.28-02-2023 2/2 marriage with him on 9.12.2021. The victim did not state any complicity of the petitioner rather she completely denied the allegation made by the informant in the FIR. The victim girl is also major at the time of occurrence which shows from Annexure-2. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 10.7.2022.

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 Kotwali P.S. Case No. 570 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act)-cum-A.D.J.-VI, Munger.

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