Patna High CourtCR. MISC./73147/2023allowed

Rahul Kumar v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73147 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== RAHUL KUMAR SON OF KAHNAIYA PATEL RESIDENT OF VILLAGE - TURHAPATTI, P.S. - KUMARBAGH O.P., DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366A, 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per FIR, the informant alleged that the petitioner enticed away her daughter on the pretext of marriage.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. From perusal of

Patna High Court CR. MISC. No.73147 of 2023(3) dt.15-12-2023 2/2 the statement of the victim recorded under Section 164 of the Cr.P.C., wherein she has stated that the she was in love with this petitioner and she went with him with her own sweet will. It is further submitted that they solemnized marriage in a temple. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.05.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chanpatiya Kumarbagh O.P. P.S. Case No. 99 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO-cum-ADJ-Vith, West Champaran, Bettiah.

(Sunil Kumar Panwar, J) manishkumar/- U