Naulesh Kumar @ Navlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77469 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== Naulesh Kumar @ Navlesh Kumar S/O Vinod Paswan R/O Vill- Tarwan Mohiudinpur, P.S.- Parsa Bazaar, Distt- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Devi W/O Mukesh Thakur R/O Vill- Tarwan Mohiudinpur, P.S.- Parsa Bazaar, Distt- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deovind Kumar Singh, Advocate For the Informant/s :

Mr. Saurabh Kumar, Advocate Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner; learned counsel for the informant and Mr. Navin Kumar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366A of the Indian Penal Code.

3. The case of the prosecution is that on 28.05.2023, the daughter of the informant namely, Suhani Kumari aged about 14 years is missing. She has gone to school but she did not returned for a considerable time and the informant believes that covillager namely, Naulesh Kumar has kidnapped her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.77469 of 2024(3) dt.23-01-2025 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. During course of investigation, the victim has given her statement recorded under Section 164 of the Cr.P.C. that she was liking the petitioner and that she has gone to Tamil Nadu with him and there she has solemnized marriage. It is further submitted that during investigation, the medical examination of the victim was also conducted, wherein she was assessed to be 14 to 17 years of age. From the perusal of the statement of the victim, it transpires that it is a case of elopement. It is next submitted that the petitioner is languishing in judicial custody since 23.06.2024.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. 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 Special Case No. 265 of 2024 arising out of Parsa Bazar P.S. Case No. 252 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.77469 of 2024(3) dt.23-01-2025 3/3 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VIth-cum-Special Judge POCSO, Patna.

(Ashok Kumar Pandey, J) Sudhanshu/- U T