Suman Kumar @ Suman Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75286 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- MAHILA P.S. District- Bhojpur ====================================================== Suman Kumar @ Suman Kumar Ram S/O Yogendra Ram R/O Village- Tulsi Chapra, P.S.- Barhara, O.P. (Sinha), Distt- Bhojpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376 of the Indian Penal Code and Section 4/6 of the POCSO Act. As per FIR, the allegation against the petitioner is that he kidnapped daughter of the informant on false pretext of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is mentioned in para 52 of

Patna High Court CR. MISC. No.75286 of 2022(3) dt.05-07-2023 2/2 the case diary, wherein she stated that she was in love with this petitioner and she went with him with her own sweet will and thereafter they solemnized marriage. It is further submitted that the petitioner is languishing in judicial custody since 14.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 54 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned VI Additional District and Sessions Judge-cum-Special Judge, POCSO, Bhojpur at Ara.

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