Patna High CourtCR. MISC./82195/2023allowed

Neeraj Kumar v. The State Of Bihar

2024-01-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82195 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- PRATAPGANJ District- Supaul ====================================================== Neeraj Kumar Son of Shambhu Ram R/O Vill - Bhawanipur, Uttar Tola Duaniya, P.S. - Pratapganj, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with POCSO Case No. 39 of 2023 arising out of Pratapganj P.S. Case No. 22 of 2023, registered for the offences punishable under Sections 363, 366(A), 368/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he allured and kidnapped the minor daughter of the informant with an intention of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the victim girl with her sweet will eloped herself due to love affair and the petitioner has not kidnapped the victim for the purpose of marriage. He also

Patna High Court CR. MISC. No.82195 of 2023(2) dt.09-01-2024 2/2 submits that petitioner and informant are neighbours. It is also submitted that as per the medical examination report, the age of victim has been assessed to be 17-19 years. Petitioner has no criminal antecedent and he is a young boy of aged about 20 years. Petitioner is in jail custody since 09.02.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-VI-cum-Special Judge POCSO Court, Supaul in connection with POCSO Case No. 39 of 2023 arising out of Pratapganj P.S. Case No. 22 of 2023.

(Sunil Dutta Mishra, J) ashutosh/- U T