Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73041 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- BEUR District- Patna ====================================================== SUNNY KUMAR S/o Mukesh Chandravanshi @ Mukesh Ram R/o VillageHasanpura, P.S.- Beur, Distt- Patna, permanent resident of Lakhisarai, Kali Pahari, P.S.- and Distt- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 21.02.2022 in connection with Spl. Case No.62/2022, arising out of Beur P.S. Case No.77/2022, F.I.R. dated 15.02.2022, for the offences punishable under Sections 363 of the IPC but later on the police after investigation submitted the charge sheet under Section 363, 366A, 376 of the IPC & Section 9/10 of POCSO Act.

According to prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.73041 of 2022(3) dt.12-05-2023 2/2 implicated in the present case. He further submits that in fact the petitioner was in love with the victim and the petitioner has not committed any offence as alleged in the F.I.R. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that the victim was recovered and her statement under Section 164 of the Cr.P.C. was recorded, in which, she has categorically stated that she was sexually assaulted by the petitioner and the victim was minor at the time of occurrence and the medical report also confirms that the victim was minor at the time of occurrence.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Spl. Case No.62/2022, arising out of Beur P.S. Case No.77/2022, pending in the court of learned Additional Sessions Judge-VI-cum-Spl. Judge POCSO, Patna.

Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T