Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72392 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- SANOKHAR District- Bhagalpur ====================================================== PRINCE KUMAR SON OF BALDEV SINGH RESIDENT OF VILLAGEJAGARNATHPUR, P.S.- AMDANDA, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with POCSO Case No. 120 of 2022 arising out of Sanokhar (Amdanda) P.S. Case No. 125 of 2022 instituted for the offence under Sections 366(A),34, 504 of the Indian Penal Code and Section 8 of POCSO. As per allegation in the FIR, petitioner enticed away the minor daughter aged about 17 away with a view to marry her. It is further alleged that when informant has approached to petitioner's family, they abused and insulted them. 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

Patna High Court CR. MISC. No.72392 of 2022(2) dt.20-03-2023 2/2 of the informant. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that she was in love with the petitioner and performed marriage with him one year ago, which is mentioned in the impugned order also. She has not raised any finger against the petitioner for any offence. Presently she is living in her matrimonial home. Petitioner is languishing in judicial custody since 2.8.2022.

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 Exclusive Special Judge (POCSO)-cum-7th Additional District and Sessions Judge, Bhagalpur in connection with POCSO Case No. 120 of 2022 arising out of Sanokhar (Amdanda) P.S. Case No. 125 of 2022.

(Sunil Kumar Panwar, J) sushma/- U