Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84850 of 2024 Arising Out of PS. Case No.-243 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Sonu Kumar Son of Surendra Kumar @ Surendra Sah Resident of Village - Kharua, P.S. - Kundawa Chainpur, District - East Champaran ... ... Petitioner

Versus

1.

The State of Bihar Bihar 2.

Ms. XX Daughter of Rupesh Kumar Mintu Resident of Patel Tola, Ward No. 14, P.S. - Bairgania, District - Sitamarhi ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshuman Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bairgania P.S. Case No. 243 of 2023 dated 13.10.2023 registered for the offences punishable under Sections 366A and 372 read with Section 34 of the I.P.C. and Section 8 of the POCSO Act.

3. As per the prosecution case, on 13.10.2023, when the minor daughter of the informant went to coaching, the petitioner kidnapped her for the purpose of marriage or for doing some illegal act.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.84850 of 2024(2) dt.04-12-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 164 of the Cr.P.C. has not supported the prosecution case rather she has stated to be married with the petitioner but during the course of hearing on bail petition the victim appeared physically and stated that she was not married with this petitioner and she did not remember her statement given u/s 164 of the Cr.P.C. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The other co-accused person has already been granted bail by this court vide order dated 25.06.2024 passed in Cr. Misc. No. 30369/2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 13.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Sitamarhi in

Patna High Court CR. MISC. No.84850 of 2024(2) dt.04-12-2024 3/3 connection with Bairgania P.S. Case No. 243 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T