Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77784 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Rahul Kumar Son Of Ranjay Kumar Resident Of Village - Pakar Bigha, P.S.- Ghosi, District - Jehanabad.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Chandra Bhushan Das For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366(A) of the Indian Penal Code and Section 8 of POCSO Act.

The allegation against the petitioner is that he enticed the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Victim has not whispered about the complicity of petitioner in her

Patna High Court CR. MISC. No.77784 of 2023(3) dt.19-01-2024 2/3 elopement, in her statement recorded under Section 164 of Cr.P.C. She has stated that she went to Delhi and then Himachal Pradesh with the petitioner, with her own sweet will and she has solemnized marriage with him. Moreover, the petitioner is languishing in judicial custody since 28.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jehanabad (Karauna O.P) P.S. Case No. 366 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge

Patna High Court CR. MISC. No.77784 of 2023(3) dt.19-01-2024 3/3 (POCSO) Act, Jehanabad.

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