Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83069 of 2024 Arising Out of PS. Case No.-720 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Chandan Kumar S/o- Manoj Mahto Village- Asoyia Ward no.3, P.SMadhaurah, District- Saran at Chappra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bala Sah S/O Late Sheonath Sah R/OVillage-Asoyia Ward no. 4, PSMadhaurah, Distt-Saran at Chhapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Hriday Prasad For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-02-2025 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 Section 366(A) of the Indian Penal Code.

3. The case of the prosecution is that on 12.11.2023 at about 3 pm, the minor daughter of the informant namely, Sapna Kumari has gone to ease herself. It is further alleged that Himanshu Kumar, Chandan Kumar have enticed and kidnapped her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.83069 of 2024(3) dt.04-02-2025 2/3 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 Sections 161 and 164 of the Cr.P.C., wherein she has stated that she has gone with Chandan on her sweet will. She has further stated that she has solemnized marriage with Chandan. During course of investigation, her medical examination was also conducted and her age was assessed between 18 to 20 years. It is next submitted that the occurrence is of 12.11.2023 and the case was registered on 18.11.2023, there is no explanation of delay. It is further submitted that the petitioner is languishing in judicial custody since 22.07.2024.

5. Learned APP appearing for the state has 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 Madhaurah P.S. Case No. 720 of 2023 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

Patna High Court CR. MISC. No.83069 of 2024(3) dt.04-02-2025 3/3 Additional Sessions Judge (POCSO) Saran, Chapra. (Ashok Kumar Pandey, J) Sudhanshu/- U T