Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81175 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- MAHISHI District- Saharsa ====================================================== Shashi Kumar S/O Gonar Mukhiya R/O Village- Sapaita Gachhi, P.S.- Mahishi, District- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandrika Devi W/O Bijendra Mukhiya R/O Village- Sapaita Gachhi, P.S.- Mahishi, District- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate For the Informant/s :

Mr. Subodh Kumar Jha, Advocate Mr. Sarveshwar Tiwary, Advocate Md. Sarfaraz Hussain, Advocate Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner; learned counsel for the informant and Mr. Shailendra Kumar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363, 366A, 504, 506, 34 of the Indian Penal Code and Sections 8, 12 of the POCSO Act.

Patna High Court CR. MISC. No.81175 of 2024(3) dt.03-03-2025 2/3

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant for the purpose of marriage.

4. 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. During course of investigation, the victim has given her statement under Section 164 of the Cr.P.C., wherein she has stated that she has gone with the petitioner on her own will. She went to Delhi and that she has solemnized marriage with the petitioner in a temple. She was not taken away forcefully. It is further submitted that the petitioner is languishing in judicial custody since 05.09.2024

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahishi P.S. Case No. 17 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.81175 of 2024(3) dt.03-03-2025 3/3 each to the satisfaction of learned Special Judge, POCSO, Saharsa.

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