Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70122 of 2022 Arising Out of PS. Case No.-907 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== ROHIT KUMAR S/o Umesh Mahaldar R/v- Vishal Nagar, P.S.- Banmankhi, DIstrict- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A), 34 and 376 of the Indian Penal Code, Section 3, 4 and 9 of the POCSO Act and Section 9 of the Child Marriage Prohibition Act. The allegation against the petitioner along with others is of kidnapping the daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due. He has committed no offence. He submitted that the victim girl has recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she fled away from her house and solemnized marriage with co-accused Raju Jaiswal in

Patna High Court CR. MISC. No.70122 of 2022(3) dt.13-04-2023 2/2 Banmankhi Court. He further submitted that the victim girl does not whisper about the complicity of this petitioner and other coaccused, these facts are mentioned in vide para-89 of the case diary. Petitioner has got no criminal antecedent as stated in para3 of the bail petition. He is languishing in judicial custody since 13.09.2022.

The application for bail is opposed by learned APP for the State.

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 Additional Sessions Judge-cum-Special Judge, (POCSO), Purnia in connection with Khajanchi Hat P.S. Case No. 907 of 2022.

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