Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86472 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- PARBATTA District- Bhagalpur ====================================================== Mukesh Kumar S/O Bhupin Mandal @ Bhupendra Mandal R/O VillageKhagra, P.S- Parbatta, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Prakash Mandal S/O Late Sitaram Mandal R/O Khagha, P.S.- Parbatta, Dist.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

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

3. The case of the prosecution is that the minor daughter of the informant has gone for taking tuition. When she did not return for a considerable time, she was being searched and on search, petitioner came to know that the his daughter was kidnapped. During the course of investigation, victim has been recovered and given her statement under Section 164 of the Cr.P.C. wherein she has stated that she was knowing the

Patna High Court CR. MISC. No.86472 of 2024(3) dt.10-02-2025 2/3 petitioner for three years and she wanted to marry him but the family members were not ready. It is further stated that she solemnized marriage on 01.05.2024 with the petitioner and they are living at Mumbai as husband and wife.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner submits that the Medical Board assessed her age is 17-19 years. It is further submitted that she was pregnant and gave a birth of male child. It is a case of adolescence affair outside marriage. Moreover, the petitioner is languishing in judicial custody since 07.05.2024 having no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parbatta P.S. Case No. 82 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO) cum Additional District and

Patna High Court CR. MISC. No.86472 of 2024(3) dt.10-02-2025 3/3 Sessions Judge - VIIth, Bhagalpur/concerned Court. (Ashok Kumar Pandey, J) Jagdish/- U T