Shanni Kumar @ Shanni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76246 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Shanni Kumar @ Shanni Singh Son Of Narad Singh Resident Of MohallaShayampur, Ps- Shyampur, Bhatha, Distt- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 363, 366(A), 376/34 of the Indian Penal Code. As per allegation in the FIR, 14 years old minor daughter of the informant was taken away by the petitioner in connivance with other accused persons for the purpose of marriage.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl was recorded u/s 164 Cr.P.C (Annexure-3) in which she has stated that out of her own sweet will, she has eloped from her house with the

Patna High Court CR. MISC. No.76246 of 2023(2) dt.01-12-2023 2/2 petitioner and performed marriage at Muzaffarpur. She has not raised any finger against the petitioner for any overt act. She wants to go to her matrimonial home after her statement recording. Age of the daughter of the informant has been accessed as 16 years by the lower court. Petitioner has no criminal antecedent and he is languishing in judicial custody since 24.7.2023.

Learned APP appearing for the State has opposed the prayer of 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 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 District and Sessions Judge-cum-Special Judge 1st, POCSO Act, Sheohar in connection with Shyampur Bhatha P.S. Case No. 48 of 2023.

(Sunil Kumar Panwar, J) sushma/- U