Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79337 of 2023 In CRIMINAL APPEAL (SJ) No.2947 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- TETERHAT District- Lakhisarai ====================================================== Aman Kumar Son Of Ajay Ram @ Sri Ajay Ram Resident Of Village - Mahisona, P.S. - Tetarhat, District - Lakhisarai ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Raj Kumar Rajak Son Of Shree Rajak Resident Of Village - Mahisona, P.S. - Tetarhat, District - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Singh For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 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 363, 366(A), 376/34 of the Indian Penal Code, Section 9 of Child Marriage Act, Section 4 of POCSO Act and Section 3(2)(v) of SC/ST Act.

As per allegation in the FIR, petitioner along with other co-accused persons enticed away minor

Patna High Court CR. MISC. No.79337 of 2023(2) dt.08-12-2023 2/3 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. From perusal of the impugned order, it appears from the statement, recorded under Section 164 of Cr.P.C. that it is a case of love affair and subsequent marriage. Moreover, the petitioner is languishing in judicial custody since 25.02.2023. There is no specific allegation against the petitioner. 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 Tetarhat P.S. Case No. 144 of

Patna High Court CR. MISC. No.79337 of 2023(2) dt.08-12-2023 3/3 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 A.D.J. VI-cum-Special Judge POCSO Court, Lakhisarai.

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