Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80495 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- SANOKHAR District- Bhagalpur ====================================================== Gunjan Kumar Son Of Upendra Mandal R/O Village- Mahesh Khore, P.S.- Sanokhar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 366A, 504/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per allegation in the FIR, informant and his wife went outside for dinner and on returning they found her daughter, aged about 16 years old, missing from the house. On search, they came to know that co-accused Amar Kumar used to came at the house of the petitioner, who has kidnapped his daughter for the purpose of marriage. For inquiry, parents of the victim went to the house of co-

Patna High Court CR. MISC. No.80495 of 2023(3) dt.03-01-2024 2/3 accused Amar Kumar where they were being abused and insulted by his family members.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There was love affair between coaccused Amar Kumar and daughter of the informant. On 27.4.2023 statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that accused Amar Kumar and the petitioner have kidnapped her but she has not made allegation of misbehave or sexual assault against them. Victim girl was medically examined and doctor ascertained her age between 17 to 19 years and no sign or rape was found. Petitioner is languishing in judicial custody since 10.10.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

Patna High Court CR. MISC. No.80495 of 2023(3) dt.03-01-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-7th, Exclusive Secial Judge (POCSO) Bhagalpur, Distt.- Bhagalpur in connection with Sanokhar P.S. Case No. 72 of 2023.

(Sunil Kumar Panwar, J) sushma/- U